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2002 No. 2779 (S. 11)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

The Scottish Parliament (Elections etc.) Order 2002

  Made 6th November 2002 
  Coming into force in accordance with article 1


ARRANGEMENT OF ARTICLES, SCHEDULES AND APPENDIX OF FORMS


PART I

GENERAL
1. Citation and commencement.
2. Revocations.
3. Interpretation.

PART II

THE FRANCHISE AND ITS EXERCISE
4. Registers of electors etc.
5. Registration appeals.
6. Polling districts and places at elections.
7. Rules for Scottish parliamentary elections.
8. Manner of voting at Scottish parliamentary elections.
9. Absent vote at Scottish parliamentary elections for an indefinite or a particular period.
10. Absent vote at a particular Scottish parliamentary election and absent voters' list.
11. Proxies at Scottish parliamentary elections.
12. Voting as proxy.
13. Absent voting at elections: miscellaneous.
14. Combination of polls.
15. Constituency returning officers.
16. Officers of councils to be placed at disposal of returning officers.
17. Returning officers: discharge of functions.
18. Returning officers: general.
19. Payments by and to returning officers.
20. Taxation of returning officer's accounts.
21. Loan of equipment for Scottish parliamentary elections.
22. Effect of registers.
23. Effect of misdescription.
24. Discharge of registration duties.
25. Payment of expenses of registration.
26. Personation.
27. Other voting offences.
28. Breach of official duty.
29. Tampering with nomination papers, ballot papers etc.
30. Requirement of secrecy.

PART III

THE ELECTION CAMPAIGN
31. Appointment of election agent.
32. Nomination of sub-agent.
33. Office of election agent.
34. Effect of default in election agent's appointment.
35. Expenses of constituency candidate.
36. Payment of expenses through election agent: constituency and individual candidates.
37. Expenses which may be paid otherwise than by election agent.
38. Expenses incurred otherwise than for election purposes.
39. Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members.
40. Limitation of election expenses: candidates.
41. Time for sending in and paying claims.
42. Disputed claims.
43. Election agent's claim.
44. Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.
45. Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members.
46. Declarations as to election expenses: candidates on a registered party's regional list.
47. Where no return and declaration is needed.
48. Penalty for failure as respects return of declarations.
49. Penalty for sitting or voting where no return and declaration is transmitted.
50. Authorised excuses for failure as to return and declarations.
51. Court's power to require information from election agent or sub-agent.
52. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission.
53. Publication of time and place of inspection of returns and declarations.
54. Inspection of returns and declarations: candidates.
55. Meaning of election expenses.
56. Incurring of election expenses for purposes of article 55.
57. Property, goods, services etc provided free of charge or at a discount.
58. Right to send election address post free.
59. Remuneration for free postal services provided.
60. Broadcasting from outside United Kingdom.
61. Broadcasting of local items during election period.
62. Intimation poll cards and notifications.
63. Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members.
64. Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members.
65. Disturbances at Scottish parliamentary election meetings.
66. Officials not to act for candidates.
67. Ilegal canvassing by police officers.
68. False statements as to candidates.
69. Corrupt withdrawal from candidature.
70. Payments for exhibition of election notices.
71. Printer's name and address on election publications.
72. Prohibition of paid canvassers.
73. Providing money for illegal purposes.
74. Bribery.
75. Treating.
76. Undue influence.
77. Rights of creditors.
78. Savings as to Scottish parliamentary elections.
79. Interpretation of Part III.
80. Computation of time for purposes of Part III.

PART IV

LEGAL PROCEEDINGS
81. Application of certain provisions for Scottish parliamentary elections.

PART V

MISCELLANEOUS AND SUPPLEMENTAL
82. Vacancies: constituency seats.
83. Vacancies: regional member seats.
84. Modification of section 10 of the 1998 Act.
85. Dissolution of Parliament: minimum period.
86. Advertisements.
87. Forms: variations.
88. Sending of applications, notices etc.
89. Interference with notices etc.
90. Premises used for election purposes.
91. Effect of demise of the Crown.
92. Consequential amendment.

SCHEDULES

  Schedule 1. Electors registers: miscellaneous and related provisions.

  Schedule 2. Scottish Parliamentary Election Rules.

  Schedule 3. Absent voting.

  Schedule 4. Issue and receipt of postal ballot papers.

  Schedule 5. Combination of Polls.

  Schedule 6. Legal Proceedings.

  Schedule 7. Use for election meetings of rooms in school premises and of meeting rooms.

  APPENDIX OF FORMS FORMS A TO Y

Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament;

     Now therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 12(1) and 113 of the Scotland Act 1998[
1], and of all other powers enabling her in that behalf, and after consulting the Electoral Commission[2] hereby makes the following Order:



PART I

GENERAL

Citation and commencement
     1. This Order may be cited as the Scottish Parliament (Elections etc.) Order 2002 and shall come into force 14 days after the day on which it is made, except for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that date.

Revocations
    
2.  - (1) Subject to paragraph (2) below, the following Orders are hereby revoked:-

as from the coming into force of this Order.

    (2) Notwithstanding the revocation of the Scottish Parliament (Elections etc.) Order 1999, the modification of enactments contained in Schedule 8 to that Order shall continue to have effect.

Interpretation
     3.  - (1) In this Order, except where the context otherwise requires-

a reference to a ballot paper shall, in relation to a general election for membership of the Scottish Parliament be construed as a reference to both the constituency ballot paper and the regional ballot paper;

    (2) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.



PART II

THE FRANCHISE AND ITS EXERCISE

Registers of electors etc
     4.  - (1) Subject to section 13B of the 1983 Act[14] (alteration of registers, pending elections), an alteration made in a register of electors under section 13A or 56 of the 1983 Act[15] (alteration of registers and registration appeals) after the last day on which the nomination papers at an election may be delivered to the constituency returning officer shall not have effect for the purposes of that election.

    (2) Schedule 1 to this Order (which makes provision in connection with electors registers) has effect.

Registration appeals
     5.  - (1) An appeal lies to the sheriff from any decision under this Order of the registration officer disallowing a person's application to vote-

in any case where the application is not made for a particular Scottish parliamentary election only.

    (2) An appeal lies on any point of law from any decision of the sheriff under this article to the court of three judges constituted under section 57(2) of the 1983 Act.

    (3) An appeal made by virtue of this article or section 56 of the 1983 Act which is pending when notice of an election is given shall not prejudice the operation as respects that election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

    (4) Notice shall be sent to the registration officer by recorded delivery post of the decision of the sheriff or of the Court of three judges referred to in paragraph (2) above on any appeal by virtue of this article, and the registration officer shall make such alterations in the-

as may be required to give effect to the decision.

    (5) Subject to section 13B of the 1983 Act, where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register is made on or before the last day for the delivery of nomination papers at an election paragraph (3) above does not apply to that appeal as respects that election.

    (6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

Polling districts and places at elections
    
6.  - (1) Every constituency shall be divided into polling districts and, subject to the provisions of this article, there shall be a polling place designated for each polling district.

    (2) The polling districts and polling places designated under this article shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places under section 18(3) of the 1983 Act[
16] that special circumstances make it desirable for some other polling district or polling place to be designated for the purpose of a Scottish parliamentary election.

    (3) An election shall not be questioned by reason of-

Rules for Scottish parliamentary elections
     7.  - (1) The proceedings at Scottish parliamentary elections (including the return of members) shall be conducted in accordance with the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order.

    (2) It is the general duty of every returning officer at a Scottish parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those Rules.

    (3) No Scottish parliamentary election shall be declared invalid by reason of any act or omission by a returning officer or any other person in breach of his official duty in connection with the election or otherwise of those Rules if it appears to the tribunal having cognisance of the question that-

    (4) Schedule 2 to this Order (Scottish Parliamentary Election Rules) has effect.

Manner of voting at Scottish parliamentary elections
    
8.  - (1) This article applies to determine the manner of voting of a person entitled to vote as an elector at a Scottish parliamentary election.

    (2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the election.

    (3) He may vote by post if he is entitled as an elector to vote by post at the election.

    (4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under this Order for a ballot paper for the purposes of voting in person, in which case he may vote in person there.

    (5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment, either as a constable or by a returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the constituency.

    (6) Nothing in the preceding provisions of this paragraph applies to-

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

    (7) For the purposes of the provisions of this Order a person entitled to vote as an elector at a Scottish parliamentary election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voter list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at an election are references to an entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Scottish parliamentary elections for an indefinite or a particular period
     9.  - (1) Where a person applies to the registration officer to vote by post at Scottish parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application) the registration officer shall grant the application (subject to paragraph (6) below) if-

    (2) Where a person applies to the registration officer to vote by proxy at Scottish Parliamentary elections or at local government and Scottish parliamentary elections (in either case, whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application, (subject to paragraph (6) below) if-

    (3) For the purposes of this article, a person is eligible to vote by proxy at Scottish parliamentary elections-

    (4) The registration officer shall keep a record of those whose applications under this article have been granted showing-

    (5) The registration officer shall remove a person from the record kept under paragraph (4) above-

    (6) A person shown in the record kept under paragraph (4) above as voting by post or, as the case may be, voting by proxy (in either case, whether for an indefinite period or for a particular period specified in his application) may subsequently alter his choice on an application to the registration officer that meets the requirements set out in Schedule 3 and the registration officer shall amend the record accordingly.

Absent vote at a particular Scottish parliamentary election and absent voters' list
    
10.  - (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Scottish parliamentary election, the registration officer shall grant the application (subject to paragraph (4) below) if-

    (2) Paragraph (1) above does not apply to a person who is included in the record kept under article 9 above but such a person may, in respect of a particular Scottish parliamentary election, apply to the registration officer-

if he is shown in the record so kept as voting by post.

    (3) The registration officer shall grant an application under paragraph (2) above if it meets the requirements set out in Schedule 3.

    (4) Subject to paragraph (2) above, the registration officer shall, in respect of each Scottish parliamentary election, keep a special list ("the absent voters list") consisting of-

Proxies at Scottish parliamentary elections
    
11.  - (1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as "the elector") at any Scottish parliamentary election and may vote in pursuance of the appointment.

    (2) The elector cannot have more than one person at a time appointed as proxy to vote for him at a Scottish parliamentary election.

    (3) A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election-

    (4) A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll he has attained the age of eighteen.

    (5) A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

    (7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Scottish parliamentary election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be-

and that the proxy is capable of being and willing to be appointed.

    (8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

    (9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

    (10) Subject to paragraph (9) above, the appointment shall remain in force-

Voting as proxy
    
12.  - (1) A person entitled to vote as proxy at a Scottish parliamentary election may do so in person at the polling station allotted to the elector under this Order unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

    (2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

    (3) For the purposes of this Order, a person entitled to vote as proxy for another at a Scottish parliamentary election is entitled so to vote by post if he is included in the list kept under paragraph (7) below in respect of the election.

    (4) Where a person applies to the registration officer to vote by post as proxy at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if-

and the application meets the requirements set out in Schedule 3.

    (5) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted showing-

    (6) Where, in the case of a particular election, a person included in the record kept under paragraph (5) above applies to the registration officer for his ballot papers to be sent to a different address, the registration officer shall grant the application if it meets the requirements set out in Schedule 3.

    (7) The registration officer shall, in respect of each Scottish parliamentary election, keep a special list of-

and shall forthwith supply to the constituency returning officer a copy of that list on completion of the compilation of it.

    (8) The registration officer shall remove a person from the record kept under paragraph (5) above-

Absent voting at elections: miscellaneous
    
13.  - (1) Section 59 of the 1983 Act[19] (supplemental provisions as to members of forces and service voters) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

    (2) Schedule 3 (which makes provision in connection with absent voting at Scottish parliamentary elections) has effect.

    (3) Schedule 4 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls
     14.  - (1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are to be taken on the same date, they shall be taken together.

    (2) Where the polls at a Scottish parliamentary election and another election for related areas are to be taken on the same date but are not required by paragraph (1) above to be taken together, they may nevertheless may be so taken if the returning officer for each election thinks fit.

    (3) In paragraph (2) above the reference to another election means a local government election; and for the purposes of that paragraph two areas are related if one is coterminous with or situated wholly or partly within the other.

    (4) Where the polls at a Scottish parliamentary election and a local government election are combined under this article the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned in such proportions as the Secretary of State may determine.

    (5) Schedule 5 (which makes provision about the combination of polls) has effect.

Constituency returning officers
    
15.  - (1) The constituency returning officer for a Scottish parliamentary election in a constituency other than the Orkney Islands and the Shetland Islands shall be the person who under section 25 of the 1983 Act (returning officers: Scotland) is the returning officer for parliamentary elections in that parliamentary constituency.

    (2) The constituency returning officer for a Scottish parliamentary election in the Orkney Islands shall be the person who, under section 41 of the 1983 Act (local government elections in Scotland) is, or may discharge the functions of, the returning officer at elections of councillors for the Orkney Islands Council.

    (3) The constituency returning officer for a Scottish parliamentary election in the Shetland Islands shall be the person who, under that section 41, is, or may discharge the functions of, the returning officer at elections of councillors for the Shetland Islands Council.

Officers of councils to be placed at disposal of returning officers
    
16.  - (1) Every local authority in Scotland shall place at the disposal of the constituency returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the constituency returning officer in the discharge of any functions conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

    (2) Every local authority in Scotland shall place at the disposal of the regional returning officer for a region wholly or partly situated in their area, for the purpose of assisting the regional returning officer in the discharge of any function conferred on him in relation to a Scottish parliamentary election, the services of officers employed by the authority.

Returning officers: discharge of functions
    
17.  - (1) A returning officer at a Scottish parliamentary election may, in writing, appoint one or more persons to discharge all or any of his functions.

    (2) Except in the case of an election to fill a vacancy in the seat of a constituency member, it shall be the duty of each regional returning officer and each constituency returning officer for a Scottish parliamentary constituency within that region to co operate with each other in the discharge of their functions.

    (3) The duty imposed by paragraph (2) above applies as between constituency returning officers in any region as well as between such officers and the regional returning officer for that region.

Returning officers: general
    
18.  - (1) A Scottish parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

    (2) A person is not subject to any incapacity to vote at a Scottish parliamentary election by reason of being or acting as a constituency returning officer or a regional returning officer at that election.

Payments by and to returning officers
    
19. Section 29 of the 1983 Act[20] (payments by and to returning officers) shall apply for the purposes of a Scottish parliamentary election subject to the following modifications:-

as if in subsection (8), for "Regulations may" there were substituted "the Secretary of State may by regulations";

and as if after subsection (8) there were inserted-

Taxation of returning officer's accounts
     20.  - (1) An application for the accounts of a constituency returning officer or a regional returning officer to be taxed shall be made to the Auditor of the Court of Session.

    (2) On any such application the Auditor has jurisdiction to tax the account in such manner and at such time and place as he thinks fit, and finally to determine the amount payable to the constituency returning officer or, as the case may be, regional returning officer.

    (3) On any such application the returning officer may apply to the Auditor to examine any claim made by any person against him in respect of matters charged in the account; and the Auditor, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the Auditor shall be final for all purposes and against all persons.

Loan of equipment for Scottish parliamentary elections
    
21.  - (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament, may, on request, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as the Secretary of State may determine.

    (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority shall, on request, and if not required for immediate use by that authority, be lent to a constituency returning officer at a Scottish parliamentary election on such terms and conditions as may be agreed.

Effect of registers
    
22.  - (1) Any entry in the register of electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of a Scottish parliamentary election at which the date fixed for the poll is that or a later date.

    (2) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at a Scottish parliamentary election on any of the grounds set out in paragraph (3) below; but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

    (3) The grounds referred to in paragraph (2) above are-

    (4) In paragraph (3) above, the "relevant date" means-

Effect of misdescription
     23. No misnomer or inaccurate description of any person or place named-

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties
    
24.  - (1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State, in accordance with, and on the recommendation of, the Electoral Commission under section 8(1) of the 2000 Political Parties Act, with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

    (2) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the local authority which appointed the registration officer, and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

    (3) It shall be the duty of each local authority to assign such officers to assist the registration officer appointed by that authority as may be required for carrying out his functions under this Order.

Payment of expenses of registration
    
25.  - (1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as "registration expenses") shall be paid by the local authority by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the local authority by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve.

Personation
    
26.  - (1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at a Scottish parliamentary election if he-

    (3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
    
27.  - (1) A person shall be guilty of an offence if-

    (2) For the purposes of paragraph (1) above, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

    (3) A person shall be guilty of an offence if-

    (4) A person shall be guilty of an offence if-

    (5) A person shall also be guilty of an offence if he votes at a Scottish parliamentary election in any constituency as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

    (7) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (8) An offence under this article shall be an illegal practice, but-

    (9) Where a person is entitled to give two votes in an election (whether in person as elector or proxy, or by post as elector or proxy) and so exercises that right he shall, for the purposes of this article, be treated as voting once in relation to each poll for which his votes are given.

Breach of official duty
     28.  - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are-

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc
    
29.  - (1) A person shall be guilty of an offence, if, at a Scottish parliamentary election, he-

    (2) A person shall be guilty of an offence if-

    (3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he shall be liable-

    (4) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

    (5) In this article "nomination paper" includes a regional list of a registered party.

Requirement of secrecy
    
30.  - (1) The following persons attending at a polling station, namely-

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to-

    (2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not-

    (3) No person shall-

    (4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not-

    (5) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered political party for which, that voter intends to vote or has voted, or as to the number on the back of a ballot paper given for the use of that voter.

    (6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding three months.

    (7) In this article a voter with disabilities is a voter who has made a declaration under the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order that he is so incapacitated by his blindness or other incapacity or by his inability to read, as to be unable to vote without assistance.



PART III

THE ELECTION CAMPAIGN

Appointment of election agent
    
31.  - (1) Not later than the latest time for delivery of nomination papers for candidature for a Scottish parliamentary election, a person shall be named by, or on behalf of-

as the election agent for that candidate or, as the case may be, registered party in relation to that list and that person's name and address shall be declared in writing by or on behalf of such a candidate or, in the case of a registered party, by the candidate who is highest in that party's regional list, to the appropriate returning officer.

    (2) A candidate for return as a constituency member and any individual candidate for return as a regional member may name himself as election agent.

    (3) A candidate included on a registered party's regional list may be named as election agent for that party in relation to that regional list.

    (4) Where a candidate has been named or has named himself as an election agent he shall, so far as circumstances admit, be subject to the provisions of this Order both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

    (5) One election agent only shall be appointed for-

but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.

    (6) If, whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.

    (7) The declaration as an election agent of-

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

    (8) Upon the name and address of an election agent being declared to the appropriate returning officer the appropriate returning officer shall forthwith give public notice of that name and address.

Nomination of sub agent
    
32.  - (1) An election agent of a candidate for return as a constituency member may appoint to act in any part of the constituency one, but not more than one, deputy election agent.

    (2) An election agent of an individual candidate for return as a regional member or registered party which has submitted a regional list may appoint to act in any part of the region one, but not more than one, deputy election agent.

    (3) In this Order, any deputy election agent appointed under paragraph (1) or (2) above is referred to as a sub agent.

    (4) As regards matters in a part of the constituency or, as the case may be, region, for which there is a sub agent the election agent may act by the sub agent and-

    (5) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub agent to the appropriate returning officer, and the appropriate returning officer shall forthwith give public notice of the name and address of every sub agent so declared.

    (6) The appointment of a sub agent-

and in the event of the revocation of the appointment or of the death of a sub agent another sub agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give public notice of the name and address so declared.

    (7) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (5) or (6) above shall specify the part of the constituency or, as the case may be, region within which any sub agent is appointed to act.

Office of election agent
    
33.  - (1) Every election agent and every sub agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be-

    (2) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub agent and addressed to him, shall be deemed to have been served on him and every election agent or sub agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
    
34.  - (1) If no person's name and address is given as required by article 31 above as the election agent of-

at the latest time for delivery of notices of withdrawal of candidature-

    (2) This paragraph applies if-

    (3) Where paragraph (2) above applies-

    (4) If the appointment of an election agent is revoked without a new appointment being made-

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate for return as a constituency member is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated as candidates for return as a constituency member.

    (7) Where an individual candidate for return as a regional member or a candidate on a registered party's regional list is by virtue of this article to be treated as an election agent he shall be deemed to have his office at the address given in the statement of persons and parties standing nominated.

    (8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under article 31 above.

Expenses of constituency candidate
    
35. For the purpose of this Part of this Order, sums paid and expenses incurred by a candidate for return as a constituency member in respect of whom the constituency returning officer has received a certificate issued by a nominating officer of a registered party under rule 8 of the Scottish Parliamentary Election Rules are not to be regarded as having been made or incurred by that party.

Payment of expenses through election agent: constituency and individual candidates
    
36.  - (1) Subject to paragraph (5) below, no payment (of whatever nature) shall be made by-

in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member unless it is made by or through the candidate's election agent.

    (2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

    (3) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub agent.

    (4) This article does not apply to-

    (5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (6) A person who makes any payment (of whatever nature) in contravention of paragraph (1) above shall be guilty of an illegal practice.

Expenses which may be paid otherwise than by election agent
    
37.  - (1) A candidate (including a candidate on a registered party's regional list) may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay shall not exceed-

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) A candidate at an election may also pay any election expenses (other than expenses falling within paragraph (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

    (3) A candidate shall send to the election agent within the time permitted by this Order for sending in claims, a written statement of the amount of personal expenses paid as mentioned in paragraph (1) or (2) above by the candidate; and, when that candidate is standing for return as a constituency member and for return as a regional member he shall send the statement to the election agent acting on his behalf in relation to his candidacy for return as a constituency member.

    (4) Any person may, if so authorised in writing by an election agent, pay any necessary expenses of stationery, postage, facsimile communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent who authorised them within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

    (6) Articles 41 and 42 below do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate's election agent.

Expenses incurred otherwise than for election purposes
    
38.  - (1) Neither article 37 above nor articles 41 and 42 below shall apply to election expenses-

    (2) The candidate's election agent shall make a declaration of the amount (determined in accordance with articles 55 and 56 below) of any election expenses falling within paragraph (1) above.

    (3) In this article "for the purposes of the candidate's election" has the same meaning as in articles 55 to 57 below.

Prohibition of expenses not authorised by election agent: candidates for return as constituency members and individual candidates for return as regional members
    
39.  - (1) No expenses, with a view to promoting or procuring the election of a candidate for return as a constituency member or an individual candidate for return as a regional member at a Scottish parliamentary election, shall be incurred at such an election by any person other than the candidate or his election agent and persons authorised in writing by the election agent on account-

but sub paragraph (c) of this paragraph shall not-

    (2) For the purposes of paragraph (1)(ii) above, expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1)(ii)) fall within paragraph (1) above.

    (3) Where a person incurs any expense required by this article to be authorised by the election agent-

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

    (4) The return and declaration under the foregoing provisions of this article shall be respectively in the forms A and B set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

    (5) If a person-

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but-

    (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves-

Limitation of election expenses: candidates
     40.  - (1) The election expenses incurred by or on behalf of-

at an election must not in the aggregate exceed the maximum amount specified in this article.

    (2) The maximum amount is (in a case other than that to which paragraph (3) below applies)-

    (3) The maximum amount at an election to fill a vacancy, for a candidate-

    (4) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (2) or, as the case may be, paragraph (3) above, any candidate or election agent who-

shall be guilty of an illegal practice.

    (5) In paragraph (2) above "the register of electors" means the register of local government electors, for the area in question as it has effect on the last day for publication of notice of the election.

    (6) The maximum amount specified in paragraph (2) or (3) above for a candidate is not required to cover personal expenses of that candidate.

    (7) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (8) The maximum amount specified in paragraph (2) or (3) above for a candidate shall not be affected by the change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

Time for sending in and paying claims
    
41.  - (1) Every claim against-

in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.

    (2) All election expenses shall be paid not later than 28 days after that date.

    (3) Subject to paragraph (4) or (5) below, a person who pays a claim in contravention of paragraph (1) above or makes a payment in contravention of paragraph (2) above shall be guilty of an illegal practice.

    (4) Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate-

    (5) The following person or persons, namely-

may apply to the Court of Session or to the sheriff for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in to a candidate and not the election agent and the court on cause shown to their satisfaction may by order grant leave.

    (6) Any sum specified in the order of leave may be paid in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by such candidate or his election agent and the amount paid in pursuance of the
judgement or order shall not be deemed to be in contravention of paragraph (2) above.

    (7) The jurisdiction vested by paragraph (5) above in the sheriff may be exercised otherwise than in open court.

    (8) An appeal lies to the Court of Session from any order of the sheriff made by virtue of paragraph (5) above.

Disputed claims
     42.  - (1) If an election agent disputes any claim sent to him within the period of 21 days mentioned in article 41 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

    (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a candidate or his election agent in pursuance of the
judgement or order of the court shall not be deemed to be in contravention of article 36(1), 37(1) or (2) or 41(2) above.

    (3) If the defender in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the pursuer's application otherwise directs, be forthwith referred for taxation to the auditor of the Court of Session or, as the case may be, the sheriff court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

    (4) Article 41(6) to (8) above applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent's claim
     43. So far as circumstances admit, this Order applies to an election agent's claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
    
44.  - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared the election agent of every-

at the election shall deliver to the appropriate returning officer a true return in the form set out in the Appendix to this Order, containing as respects that candidate-

    (2) A return under this article must-

    (3) The return shall also contain as respects that candidate-

    (4) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 41(5) above for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with the requirements of this article without such authorised excuse as is mentioned in article 50 below.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
    
45.  - (1) Each return delivered under article 44 above shall be accompanied by a declaration made by the election agent in the form D set out in the Appendix.

    (2) At the same time as the election agent delivers that return, or within seven days thereafter-

shall deliver to the appropriate returning officer a declaration made by him in the form D set out in the Appendix.

    (3) Where a candidate is out of the United Kingdom when the return is so delivered-

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) Where-

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form D set out in the Appendix.

    (5) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Declarations as to election expenses: candidates on a registered party's regional list
    
46.  - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared, each candidate on a registered party's regional list shall deliver to the appropriate returning officer a declaration in the form E set out in the Appendix.

    (2) Where a candidate is out of the United Kingdom when the declaration is due to be so delivered-

    (3) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declaration is needed
    
47. Notwithstanding anything in article 44 above, no return or declaration as to election expenses shall be required in the case of a person-

Penalty for failure as respects return of declarations
    
48. Subject to the provisions of article 50 below, if any candidate, nominating officer or election agent fails to comply with the requirements of articles 44, 45 and 46 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declaration is transmitted
    
49.  - (1) If-

are not delivered before the expiry of the time limited for the purpose the candidate shall not, after the expiry of the time, sit or vote in the Parliament as a member for the constituency or, as the case may be, region until-

Authorised excuses for failure as to return and declarations
    
50.  - (1) A candidate, a party's nominating officer or an election agent may apply for relief under this article to-

    (2) Where an application is made under this article the person or persons making the application shall notify the Lord Advocate of the application and the Lord Advocate may attend or be represented at the hearing of the application and make representations at the hearing in respect of it.

    (3) Relief under this article may be granted-

    (4) The application for relief may be made on the ground that the failure, error or false statement arose-

and not by reason of any want of good faith on the applicant's part.

    (5) The court may-

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

    (6) Where it is proved to the court by a candidate-

the court shall relieve the candidate from the consequences of the act or omission of the election agent or, as the case may be, nominating officer.

    (7) An order under paragraph (5) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of this Order.

    (8) An order under paragraph (5) above shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

    (9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

    (10) The jurisdiction vested by this article in the sheriff may be exercised other than in open court.

    (11) An appeal lies to the Court of Session from any order of the sheriff made by virtue of this article.

Court's power to require information from election agent or sub agent
    
51.  - (1) Where on an application under article 50 above it appears to the court that any person who is or has been an election agent or sub agent or nominating officer has refused or failed to make such return, or to supply such particulars, as will enable a person to comply with the provisions of this Order as to the return or declaration as to election expenses the court before making an order under that article, shall order that person to attend before the court.

    (2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him-

as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.

    (3) If a person fails to comply with any order of the court under this article, the court may order him to pay a fine not exceeding the amount specified as level 5 on the standard scale.

Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
    
52. Where the appropriate returning officer receives any return or declaration under article 44, 45 or 46 above in respect of an election to the Scottish Parliament, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.

Publication of time and place of inspection of returns and declarations
    
53.  - (1) At a Scottish parliamentary election, the appropriate returning officer, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, shall-

    (2) But if any return or declaration has not been received by the appropriate returning officer before the notice is dispatched for publication, the notice shall so state and the like notice about that return and declaration, if afterwards received, shall within 10 days after the receipt be published in like manner and sent to each of the election agents and each nominating officer for a registered party submitting a regional list other than-

Inspection of returns and declarations: candidates
    
54.  - (1) Where the appropriate officer receives any return or declaration under article 44, 45 or 46 above he shall-

    (2) If any such return contains a statement of donations in accordance with article 44(3)(f) above, the appropriate officer shall secure that the copy of the statement made available for public inspection under paragraph (1)(a) above or (as the case may be) supplied under paragraph (1)(b) above does not include, in the case of any donation by an individual, the donor's address.

    (3) The fee payable for a copy of any such return, declaration or any accompanying document, shall be at the rate of 20p for each side of each page.

    (4) After the expiry of the period of two years mentioned at paragraph (1) above the appropriate returning officer-

    (5) Any returns or declarations delivered under article 39 above shall be returned not to a candidate (if he or his election agents require) but to the person delivering them, if he so requires.

Meaning of Election Expenses
    
55.  - (1) In this part of this Order "election expenses" in relation to a candidate at an election, means (subject to paragraphs (2) and (3) and articles 56 and 57 below) any expenses incurred in respect of-

which is or are used for the purposes of the candidate's election after the date when he becomes a candidate at the election.

    (2) Paragraph (1) above applies whether the expenses are incurred before or after that date.

    (3) No election expenses shall be regarded as incurred, by virtue of paragraph (1) or (2) above or articles 56 and 57 below, in respect of-

    (4) In this article and in articles 56 and 57 below "for the purposes of the candidate's election" means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

    (5) For the purposes of this Order-

    (6) In this Order, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

Incurring of election expenses for purposes of article 55
    
56.  - (1) The election expenses which are to be regarded as incurred for the purposes of article 55(1) above shall (subject to paragraph (2) and article 57 below) be the actual expenses incurred in respect of the acquisition or use of the property, or (as the case may be) the provision of the goods, services or facilities mentioned in article 57(1).

    (2) Where the property, goods, services or facilities mentioned in paragraph (1) above is not or are not used exclusively for the purposes of the candidate's election, the election expenses to be regarded as incurred for the purposes of article 55(1) above shall be such proportion of the expenses incurred in respect of their acquisition, use or provision (as the case may be) as is reasonably attributable to the use of the property or (as the case may be) the goods, services or facilities for the purposes of the candidate's election.

Property, goods, services etc provided free of charge or at a discount
    
57.  - (1) This article applies where, in the case of a candidate at an election-

    (2) Where this article applies-

This paragraph has effect subject to article 55(3) above.

    (3) Where paragraph (1)(a)(i) above applies, the appropriate amount is such proportion of either-

as is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b) above.

    (4) Where paragraph (1)(a)(ii) above applies, the appropriate amount is such proportion of either-

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b) above.

    (5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this article the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

    (6) In this article, "market value", in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 2A to the 1983 Act[
26] shall apply with any necessary modifications for the purpose of determining, for the purposes of paragraph (1) above, whether property or goods is or are transferred to a candidate or his election agent.

Right to send election address post free
     58.  - (1) At a Scottish parliamentary election-

is entitled, to send free of any charge for postage which would otherwise be made by a universal service provider either-

    (2) Any such candidate or, as the case may be, party's nominating officer is also, subject as mentioned in paragraph (1) above, entitled to send free of any such charge for postage as mentioned above to each person entered in the list of proxies for the election one such communication as mentioned in paragraph (1) above for each appointment in respect of which that person is so entered.

    (3) A person shall not be deemed to be a candidate for return as a constituency member or to be an individual candidate for return as a regional member for the purposes of this article unless he is shown as standing nominated in the statement of persons nominated but until publication of that statement any person who declares himself to be such a candidate shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the universal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.

    (4) A registered party shall not be deemed to have submitted a regional list for the purposes of this article unless that party is shown as standing nominated in the statement published under rule 20 of the Scottish Parliamentary Election Rules but until the publication of that statement the nominating officer of a party which has submitted a regional list shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the universal service provider should the party not be shown as standing nominated as mentioned above.

    (5) For the purposes of this article, "elector" means a person-

    (6) In this article "universal service provider" has the same meaning as in the Postal Services Act 2000[27].

    (7) If the area of a regional returning officer is situated in the area of more than one official designated by a universal postal service provider, the controlling designated official shall be determined by that regional returning officer.

Remuneration for free postal services provided
     59.  - (1) This article applies where any postal services are provided without charge by a universal service provider in pursuance of this Order.

    (2) The universal service provider shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000.

    (3) A sum which a universal service provider is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

    (4) In this article "postal services" and "universal service provider" have the same meanings as in the Postal Services Act 2000.

Broadcasting from outside United Kingdom
    
60.  - (1) No person shall, with intent to influence persons to give or refrain from giving their votes at a Scottish parliamentary election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990[28]) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with-

for the reception and re transmission of that matter by that body or the holder of that licence.

    (2) An offence under this article shall be an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act as applied by this Order[29].

    (3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves-

Broadcasting of local items during election period
     61.  - (1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a Scottish parliamentary election in items about the constituency or electoral areas in question which are included in relevant services during the election period.

    (2) The code for the time being adopted by a broadcasting authority under this section shall be either-

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).

    (3) Before drawing up a code under this article a broadcasting authority shall have regard to any views expressed by the Electoral Commission and any such code may make different provision for different cases.

    (4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this article is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

    (5) For the purposes of paragraph (1) above "the election period", in relation to an election, means the period beginning-

and ending with the close of the poll.

    (6) In this section-

Imitation poll cards and notifications
     62. No person shall for the purpose of promoting or procuring a particular result at a Scottish parliamentary election issue any poll card or notification or other document so closely resembling an official poll card or notification as to be calculated to deceive, and paragraphs (2) and (3) of article 60 above apply as if an offence under this article were an offence under that article.

Schools and rooms for Scottish parliamentary election meetings: candidates for return as constituency members
    
63.  - (1) Subject to the provisions of this article, a candidate for return as a constituency member at a Scottish parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with the Scottish Parliamentary Election Rules and the day preceding the date of the poll of-

    (2) This article applies to any school of which the premises are situated in the constituency or an adjoining constituency, not being an independent school within the meaning of the Education (Scotland) Act 1980[32], but a candidate is not entitled under this article to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this article applies.

    (3) This article applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

    (4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened-

    (5) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

    (6) For the purposes of this article (except those of paragraph (4)(b) above) the premises of a school shall not be taken to include any private dwellinghouse, and in this article-

Schools and rooms for Scottish parliamentary election meetings: candidates for return as regional members
     64.  - (1) Subject to the provisions of this article-

to the use free of charge at reasonable times between the last date on which notice of the election may be published in accordance with the Scottish Parliamentary Election Rules and the day preceding the date of the poll of-

    (2) This article applies to any school of which the premises are situated in the region, not being an independent school within the meaning of the Education (Scotland) Act 1980.

    (3) This article applies to meeting rooms situated in the region, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate or by a body whose expenses are so payable.

    (4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the candidate, or as the case may be, registered party by whom or on whose behalf the meeting is convened-

    (5) A person is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

    (6) The provisions of Schedule 7 to this Order have effect with respect to the rights conferred by this article and article 63 above and the arrangements to be made for their exercise.

    (7) For the purposes of this article (except those of paragraph (4)(b) above), the premises of a school shall not be taken to include any private dwellinghouse, and in this article-

Disturbances at Scottish parliamentary election meetings
    
65.  - (1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

    (2) This article applies to a political meeting held-

during the period beginning with the last day on which notice of election may be published in accordance with the Scottish Parliamentary Election Rules and ending with the day of election.

    (3) If a constable reasonably suspects any person of committing an offence under paragraph (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Officials not to act for candidates
    
66.  - (1) If-

acts as an agent for a candidate or a registered party in the conduct or management of the election, he shall be guilty of an offence, but nothing in this article prevents a candidate from acting as his own election agent or a candidate on a registered party's regional list from acting as election agent for that registered party in relation to that list.

    (2) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers
    
67.  - (1) No member of a police force shall, at a Scottish parliamentary election, by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy, for the return of any constituency or regional member where the constituency or region falls wholly or partly within the police area for which that police force is maintained.

    (2) A person acting in contravention of paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.

False statements as to candidates
    
68.  - (1) A person who, or any director of any body or association corporate which-

makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate (including any candidate included in a registered party's regional list) shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.

    (2) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (1) above committed-

unless-

    (3) A person making or publishing any false statement of fact as mentioned above may be restrained by interdict or interim interdict of the Court of Session or the sheriff from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates.

    (4) Any person who, before or during a Scottish parliamentary election, knowingly publishes a false statement of a withdrawal of candidature at the election for the purpose of promoting or procuring a particular result at that election shall be guilty of an illegal practice.

    (5) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (4) above committed by his agent (or in the case of a candidate included in a party's regional list, the agent of that party) other than the election agent for that candidate, or as the case may be, party.

Corrupt withdrawal from candidature
    
69. Any person who corruptly induces or procures any other person to withdraw from being a candidate at a Scottish parliamentary election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Payments for exhibition of election notices
    
70.  - (1) No payment or contract for payment for the purpose of promoting or procuring a particular result at a Scottish parliamentary election shall be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless-

    (2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after an election-

shall be guilty of an illegal practice.

Printer's name and address on election publications
    
71.  - (1) A person shall not-

unless the bill, placard, poster or document bears upon its face the name and address of the printer and publisher.

    (2) For the purposes of this article, any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly.

    (3) A candidate or election agent acting in contravention of this article shall be guilty of an illegal practice, and any other person so acting shall on summary conviction be liable to a fine not exceeding the amount specified as level 5 on the standard scale.

Prohibition of paid canvassers
    
72. If a person is, either before, during or after a Scottish parliamentary election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the election-

shall be guilty of illegal employment.

Providing money for illegal purposes
    
73. Where a person knowingly provides money-

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 of the 1983 Act as applied by this Order[33] to be an exception, that person shall be guilty of an illegal payment.

Bribery
     74.  - (1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

    (2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf-

or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure a particular result at a Scottish parliamentary election or the vote of any voter.

    (3) For the purposes of paragraph (2) above-

    (4) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at a Scottish parliamentary election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

    (5) The foregoing provisions of this article shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a Scottish parliamentary election.

    (6) A voter shall be guilty of bribery if before or during a Scottish parliamentary election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

    (7) A person shall be guilty of bribery if after a Scottish parliamentary election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

    (8) In this article the expression "voter" includes any person who has or claims to have a right to vote.

Treating
    
75.  - (1) A person shall be guilty of a corrupt practice if he is guilty of treating.

    (2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after a Scottish parliamentary election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person-

    (3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

Undue influence
    
76.  - (1) A person shall be guilty of a corrupt practice if he is guilty of undue influence.

    (2) A person shall be guilty of undue influence-

Rights of creditors
    
77. The provisions of this Part prohibiting-

do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Order.

Savings as to Scottish parliamentary elections
    
78.  - (1) Where a person has been declared by others to be a candidate at a Scottish parliamentary election without his consent, nothing in this Part shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.

    (2) Nothing in this Part makes it illegal for an employer to permit any elector or proxy to absent himself from his employment for a reasonable time for the purpose of voting at the poll at a Scottish parliamentary election without having any deduction from their salaries or wage on account of their absence, if the permission-

but this paragraph shall not be construed as making illegal any act which would not be illegal apart from this paragraph.

Interpretation of Part III
    
79. In this Part, unless the context otherwise requires-

and expressions referring to money shall be construed accordingly;

Computation of time for purposes of Part III
    
80.  - (1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part is any of the days mentioned in paragraph (2) below-

    (2) The days referred to in paragraph (1) above are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, Easter Monday, a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971[34], or a day appointed for public thanksgiving or mourning.



PART IV

LEGAL PROCEEDINGS

Application of certain provisions for Scottish parliamentary elections
     81.  - (1) The provisions of the 1983 Act which are specified in the left hand column of Part I of Schedule 6 to this Order shall apply-

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a constituency member of the Scottish Parliament.

    (2) The provisions of the 1983 Act which are specified in the left hand column of Part II of Schedule 6 to this Order shall apply-

for the purposes of a Scottish parliamentary election but only in relation to the election or return of a regional member of the Scottish Parliament.

    (3) Unless the context otherwise requires, in the provisions applied by Schedule 6 to this Order-

    (4) The references to "parliamentary election" to which paragraph (3)(b) above does not apply are those in section 60(4) of the 1983 Act and the first reference in section 160(5) of that Act.



PART V

MISCELLANEOUS AND SUPPLEMENTAL

Vacancies: constituency seats
    
82. Where the seat of a constituency member is vacant and the date of the poll at an election to fill that vacancy is fixed by the Presiding Officer of the Scottish Parliament under section 9 of the 1998 Act, he shall forthwith send a notice to the constituency returning officer for that constituency stating-

Vacancies: regional member seats
    
83.  - (1) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that the seat of a regional member who was returned from a registered party's regional list is vacant, he shall forthwith send a notice in accordance with paragraph (2) below to the regional returning officer for that region.

    (2) A notice under paragraph (1) above shall-

    (3) On receipt of a notice under paragraph (1) above, the regional returning officer shall ascertain the name of the person, if any, who is to fill the vacancy in accordance with section 10 of the 1998 Act as modified by article 84 below.

Modification of section 10 of the 1998 Act
    
84. Section 10 of the 1998 Act[35] shall be modified by substituting, for subsections (4) to (5A) of that section, the following:-

Dissolution of Parliament: minimum period
     85. The "minimum period" for the purpose of section 2(3) of the 1998 Act (ordinary general elections) is a period of 21 days, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules.

Advertisements
    
86. The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984[36] shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to a Scottish parliamentary election as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Forms: variations
     87. The forms set out in the Appendix to this Order may be used with such variations as the circumstances may require.

Sending of applications, notices etc
    
88.  - (1) Any application, notice, claim or objection which is required by this Order to be made to a registration officer or a returning officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

    (2) Where a registration officer or returning officer is required by this Order to notify any person, such notification shall be in writing and may be sent by post-

Interference with notices etc
    
89. If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer or a returning officer in connection with his duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes
    
90. In relation to premises in Scotland, section 65(6) of the Local Government Finance Act 1988[37] (occupation for election meetings and polls) shall have effect as if-

Effect of demise of the Crown
     91. A proclamation dissolving the Parliament as mentioned in section 2(5) of the 1998 Act shall not be affected by the demise of the Crown.

Consequential amendment
    
92. In the definition of "election petition" in rule 69.1 of the Rules of the Court of Session[38] (interpretation of Chapter 69 - election petitions), for "article 85 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 1999" substitute "article 81 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2002".


HELEN LIDDELL
One of Her Majesty's Principal Secretaries of State

Scotland Office Meridian Court Glasgow
6th November 2002



SCHEDULE 1
Article 4(2)


ELECTORS REGISTERS:



MISCELLANEOUS AND RELATED PROVISIONS




ARRANGEMENT OF PARAGRAPHS

1. Supply of free copy of full register for electoral purposes.
2. Supply of full register etc under paragraphs 3 and 4: general provisions.
3. Supply a full register etc to elected representatives for electoral purposes and restrictions on use.
4. Supply of full register etc to certain candidates and restrictions on use.
Supply of free copy of full register for electoral purposes
     1.  - (1) As soon as practicable after the relevant date, a registration officer shall supply free of charge to the returning officer for the council, or as the case may be, each council, constituted under section 2 of the Local Government etc (Scotland) Act 1994 for his registration area as many printed copies of-

as the returning officer may reasonably require for the purposes of a Scottish Parliamentary election.

    (2) In sub-paragraph (1) above-

    (3) No person to whom a copy of the register has been supplied under this paragraph may-

except for the purposes of an election.

Supply of full register etc under paragraphs 3 and 4: general provisions
     2.  - (1) The persons or organisations falling within paragraph 3 or 4 below may request the registration officer to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following:-

    (2) Such a request shall be made in writing and shall-

    (3) Unless a request has been made in advance of supply under sub-paragraph (2)(c) above, the copy of a document supplied under this paragraph shall be in data form.

    (4) The registration officer shall supply the relevant part of the documents referred to in sub-paragraph (1) above in accordance with a request that has been duly made.

    (5) A person falling within sub-paragraph 4 below may not make the request set out in sub-paragraph (2)(b) above.

    (6) A person who obtains a copy of any document under sub-paragraph (4) above may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraph 3 or 4 below entitles that person to obtain that document for that purpose shall apply to such use.

Supply of full register etc to elected representatives for electoral purposes and restrictions on use
     3.  - (1) This paragraph applies to-

    (2) For the purposes of paragraph 2(1) above the relevant part of the documents listed in that provision-

    (3) No person to whom this paragraph applies and who has been supplied with a copy of the register may-

except for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

    (4) In this paragraph and paragraph 4 below a reference to the edited register is a reference to the version of the register published under regulation 93 of the Representation of the People (Scotland) Regulations 2001[
39].

Supply of full register etc to certain candidates and restrictions on use
     4.  - (1) This paragraph applies to a candidate at a Scottish Parliamentary election where any part of the area in respect of which the candidate stands for election includes the whole or part of the registration area.

    (2) In this paragraph "candidate" includes an individual regional candidate at a Scottish Parliamentary election.

    (3) In the case of a registered political party which submits a list of candidates as regional members at a Scottish Parliamentary election, the entitlement otherwise conferred by this paragraph on a candidate is conferred on the election agent of that party.

    (4) For the purposes of paragraph 2(1) above, the relevant part of the documents listed in that provision is so much of them as relates to the area for which the candidate is standing.

    (5) No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may-

except for electoral purposes.



SCHEDULE 2
Article 7


SCOTTISH PARLIAMENTARY ELECTION RULES




ARRANGEMENT OF RULES


PART I
Provisions as to time
1. Timetable.
2. Timetable - Election to fill a vacancy in a constituency seat.
3. Computation of time.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Name of election
4. Notice of election.
Nomination
5. Nomination of candidate for return as a constituency member.
6. Nomination of individual candidate for return as a regional member.
7. Nomination of candidates on a regional list.
8. Constituency nomination papers: name of registered party.
9. Nomination papers and regional lists: miscellaneous.
10. Consent to nomination.
11. Deposit.
12. Place for delivery of constituency nomination papers.
13. Place for delivery of individual nomination papers and regional lists.
14. Right to attend nomination.
15. Decisions as to validity of constituency nomination papers.
16. Decisions as to validity of individual nomination papers.
17. Decisions as to validity of regional lists and as to the validity of nominations included on such a list.
18. Withdrawal of candidates.
19. Publication of statement of persons nominated as candidates for return as a constituency member.
20. Publication of statement of persons and parties nominated for return as regional members.
21. Disqualification by Representation of the People Act 1981: candidates for return as constituency members.
22. Disqualification by Representation of the People Act 1981: candidates for return as regional members.
23. Adjournment of nomination proceedings in the case of riot.
24. Method of election: candidates for return as constituency members.
25. Method of election: candidates for return as regional members.

PART III

CONTESTED ELECTIONS
General Provisions
26. Poll to be taken by ballot.
27. The ballot paper: constituency candidates.
28. The ballot paper: regional candidates.
29. Colour of ballot papers.
30. The official mark.
31. Prohibition of disclosure of vote.
32. Use of schools and public rooms.
Action to be taken before the poll
33. Notice of poll.
34. Postal ballot papers.
35. Provision of polling stations.
36. Appointment of presiding officers and clerks.
37. Issue of official poll cards and notifications.
38. Equipment of polling stations.
39. Appointment of polling and counting agents.
40. Notification of requirement of secrecy.
The poll
41. Admission to polling station.
42. Keeping of order in station.
43. Sealing of ballot boxes.
44. Questions to be put to voters.
45. Challenge of voter.
46. Voting procedure.
47. Votes marked by presiding officer.
48. Voting by persons with disabilities.
49. Tendered ballot papers.
50. Spoilt ballot papers.
51. Adjournment of poll in case of riot.
52. Procedure on close of poll.
Counting of votes
53. Attendance at counting of votes.
54. The count.
55. Recount: constituency election.
56. Recount: regional votes in a constituency
57. Rejected ballot papers.
58. Decisions on ballot papers.
59. Equality of votes: election for return of constituency members.
60. Conveying results of count etc. to regional returning officer.

PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
61. Declaration of result: constituency members.
62. Attendance at allocation of seats for regional members.
63. Allocation of seats.
64. Equality of votes at poll for return of regional members.
65. Declaration of results: regional members.
66. Return or forfeiture of deposit.

PART V

DISPOSAL OF DOCUMENTS
67. Sealing up of ballot papers.
68. Delivery of documents to the sheriff clerk.
69. Orders for production of documents.
70. Retention and public inspection of documents.

PART VI

DEATH OF CANDIDATE
71. Countermand or abandonment of poll etc. on death of certificate.

PART VII

MISCELLANEOUS
72. Return of members and record of returns etc.
Timetable
     1.  - (1) The proceedings at a Scottish Parliamentary election shall, subject to rule 2 below, be conducted in accordance with the following Table-

Proceeding Time
Publication of notice of election. Not earlier than the twenty-eighth day before the date of the poll and not later than the twenty-first day before the date of the poll.
Delivery of nomination papers. Not later than 4.00 pm on any day after the date of the publication of the notice of election but not later than the sixteenth day before the date of the poll.
The making of objections to nomination papers. During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but-

    (a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and

    (b) the foregoing provisions do not apply to objections made in pursuance of rule 21 or 22 below.

Delivery of notice of withdrawal of candidature. Within the time for the delivery of nomination papers at the election.
Publication of statement of persons nominated. At the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling Between the hours of 7.00am and 10.00pm on the date of the poll.

    (2) Except in relation to the substitutions made by rule 2 below, in the Table in paragraph (1) above the reference to "nomination papers" includes constituency nomination papers, individual nomination papers and regional lists.

Timetable - Election to fill a vacancy in a constituency seat
     2. In the case of an election under section 9 of the Scotland Act 1998 (constituency vacancies), the proceedings shall be conducted in accordance with the Table in rule 1(1) above, but subject to the following substitutions-


(b) for the second entry in the Table substitute-

Delivery of constituency nomination papers Not later than 4.00 pm on any day after the date of the publication of the notice of the election but not later than the eleventh day before the date of the poll.".


Computation of time
     3. In computing any period of time for the purposes of the Table in rule 1(1) above-

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a constituency returning officer be obliged to proceed with the counting of votes on such a day.



PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election
     4.  - (1) The constituency returning officer shall publish notice of the election stating-

    (2) The regional returning officer shall publish a notice of election stating-

    (3) A notice of election under paragraph (1) or (2) above shall state the dates by which-

must reach the registration officer in order that they may be effective for the election.

Nomination

Nomination of candidate for return as a constituency member
     5.  - (1) Each candidate for return as a constituency member shall be nominated by a separate nomination paper (referred to in these Rules as a "constituency nomination paper"), in the form F set out in the Appendix, delivered to the constituency returning officer at the place fixed for the purpose.

    (2) The constituency nomination paper shall be signed by the candidate and by a witness to the candidate's signature.

    (3) The constituency nomination paper shall state the candidate's-

and the surname shall be placed first in the list of his names.

    (4) The description, if any, must consist of either-

    (5) The constituency nomination paper shall also state the name and address of the witness to the candidate's signature.

Nomination of individual candidate for return as a regional member
     6.  - (1) Each individual candidate for return as a regional member shall be nominated by a separate nomination paper (referred to in these rules as an "individual nomination paper"), in the form G set out in the Appendix, delivered to the regional returning officer at the place or a place fixed for the purpose.

    (2) The individual nomination paper shall be signed by the candidate and by a witness to the candidate's signature.

    (3) The individual nomination paper shall state the candidate's-

and the surname shall be placed first in the list of his names.

    (4) The description, if any, must consist of either-

    (5) The individual nomination paper shall also state the name and address of the witness to the candidate's signature.

Nomination of candidates on a regional list
     7.  - (1) A registered party's regional list of candidates to be regional members for a particular region shall be in the form H set out in the Appendix and that party shall be nominated by the submission of that list by the party's nominating officer or a person authorised in writing by him to the regional returning officer at the place or a place fixed for the purpose.

    (2) Each regional list shall include the name of the registered party, the description of which has been authorised by a certificate issued by or on behalf of the registered nominating officer of the party.

    (3) That name shall not exceed 6 words in length.

    (4) Each regional list shall set out the names and home addresses, in full, of each candidate included in that list and shall be accompanied by a statement of the names by which each such candidate is to be described in the regional ballot paper.

    (5) Each regional list shall include a statement that it is issued by the nominating officer of the registered party in question or by a person authorised in writing by him.

    (6) Each regional list may be accompanied by a request made by or on behalf of the nominating officer of the party in question that the regional ballot paper shall contain against the party's name the party's registered emblem (or, as the case may be, one of the party's registered emblems).

    (7) In the application of this rule and rule 8 below, in relation to an election-

Constituency nomination papers: name of registered party
     8.  - (1) A constituency nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered party unless the party is a qualifying party in relation to the constituency and the description is authorised by a certificate in the form I set out in the Appendix-

    (2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) above on behalf of a registered party's nominating officer.

Nomination papers and regional lists: miscellaneous
     9.  - (1) The constituency returning officer-

but it is not necessary for a nomination to be on a form supplied by the constituency returning officer.

    (2) The regional returning officer-

but it is not necessary for a nomination to be on a form supplied by the regional returning officer.

    (3) The regional returning officer shall, on request, supply any person with a form of regional list; but it is not necessary for a regional list to be submitted in the form supplied by the regional returning officer.

Consent to nomination
     10.  - (1) Subject to paragraph (3) below a person shall not be validly nominated as a candidate for return as a constituency member unless his consent to nomination-

    (2) Subject to paragraph (3) below, a person shall not be validly nominated as an individual candidate for return as a regional member or as a candidate on a registered party's regional list unless his consent to nomination-

    (3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

    (4) A candidate's consent given under this rule-

Deposit
     11.  - (1) A person shall not be validly nominated as a candidate for return as a constituency member unless the sum of £500 is deposited by him, or on his behalf, with the constituency returning officer at the place and during the time for delivery of nomination papers.

    (2) An individual candidate for return as a regional member shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, with the regional returning officer at the place or a place, and during the time, for delivery of individual nomination papers.

    (3) A registered party shall not be validly nominated in relation to a regional list of that party for a particular region unless the sum of £500 is deposited by or on behalf of the party's nominating officer with the regional returning officer at the place or a place, and during the time, for delivery of regional lists.

    (4) The deposit may be made-

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

    (5) Where the deposit is made on behalf of a candidate for return as a constituency member or an individual candidate for return as a regional member, the person making the deposit shall at the time he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 31 or rule 5 or 6 above.

    (6) Where the deposit is made on behalf of a party's nominating officer the person making the deposit shall at the time he makes it give his name and address to the regional returning officer unless that information has previously been given to him under article 31 or rule 7 above.

Place for delivery of constituency nomination papers
     12.  - (1) The constituency returning officer shall fix the place at which constituency nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for making of objections to them.

    (2) The place shall be in-

Place for delivery of individual nomination papers and regional lists
     13.  - (1) The regional returning officer shall fix the place or places at which individual nomination papers and regional lists are to be delivered to him, and he shall attend there during the time for their delivery and for making objections to them.

    (2) The place or places shall be in the region.

Right to attend nomination
     14.  - (1) Except for the purpose of delivering a constituency nomination paper or of assisting the constituency returning officer no person is entitled to attend the proceedings during the time for delivery of constituency nomination papers or for making objections to them unless he is-

but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.

    (2) The right to attend conferred by paragraph (1) above includes the right to inspect and to object to the validity of any constituency nomination paper.

    (3) Except for the purpose of delivering an individual nomination paper or regional list or of assisting the regional returning officer no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or regional lists or for making objections to them unless he is-

but where an individual candidate acts as his own election agent, or a candidate on a party's regional list acts as election agent of that party in relation to that list, he may name one other person who shall be entitled to attend in place of the election agent for that individual candidate or, as the case may be, party.

    (4) The right conferred by paragraph (3) above includes the right to inspect and to object to the validity of any individual nomination paper or any regional list (including the nomination of any candidate on such a list).

Decisions as to validity of constituency nomination papers
     15.  - (1) Where a constituency nomination paper and the candidate's consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until-

    (2) The constituency returning officer is entitled to hold a constituency nomination paper invalid only on one of the following grounds:-

    (3) Subject to paragraph (4) below the constituency returning officer shall give his decision on any objection to a constituency nomination paper as soon as practicable after it is made.

    (4) If in the constituency returning officer's opinion a constituency nomination paper breaches rule 8 above, he shall give a decision to that effect as soon as practicable after the close of the period for delivery of constituency nomination papers set out in the Table in rule 1(1) above.

    (5) Where the constituency returning officer decides that a constituency nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

    (6) The constituency returning officer's decision that a constituency nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

    (7) Subject to paragraph (6) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of individual nomination papers
     16.  - (1) Where an individual nomination paper and the candidate's consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until-

    (2) The regional returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds:-

    (3) The regional returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.

    (4) Where a regional returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

    (5) The regional returning officer's decision that an individual nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

    (6) Subject to paragraph (5) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of regional lists and as to the validity of nominations included on such a list
     17.  - (1) Where a registered party's regional list and the consent of each candidate included in that list are delivered and a deposit is made in accordance with these Rules, the party and (subject to paragraphs (3) and (4) below) each candidate on its list shall be deemed to stand nominated unless and until the regional returning officer decides that the regional list is invalid.

    (2) The regional returning officer is entitled to hold a regional list invalid only on one of the following grounds:-

    (3) Where, in respect of a candidate included in a registered party's regional list-

the regional returning officer shall delete the name and address of that candidate from the list.

    (4) Where, in respect of a candidate included on a registered party's regional list-

the regional returning officer shall delete the name and address of that candidate from the list.

    (5) The regional returning officer shall give his decision on any objection in respect of a regional list as soon as practicable after it is made.

    (6) Where the regional returning officer decides that-

he shall endorse and sign on the list that fact and the reasons for his decision.

    (7) The regional returning officer's decision that-

shall not be questioned in any proceeding whatsoever.

    (8) Subject to paragraph (7) above, nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates
     18.  - (1) A candidate for return as a constituency member may withdraw his candidature by notice of withdrawal-

    (2) A candidate for return as a regional member may withdraw his candidature by notice of withdrawal-

    (3) A registered political party may withdraw the candidature of any or all of the candidates included in a regional list of that party by notice of withdrawal-

    (4) Where a candidate in a regional list has been withdrawn in accordance with this rule the regional returning officer shall delete the name and address of that candidate from the list.

Publication of statement of persons nominated as candidates for return as a constituency member
     19.  - (1) The constituency returning officer shall prepare and publish a statement showing the persons who have been and stand nominated as candidates for return as a constituency member and any other persons who have been nominated as such candidates, with the reason why they no longer stand nominated.

    (2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their constituency nomination papers.

    (3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.

    (4) In the case of a person nominated by more than one constituency nomination paper, the constituency returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

    (5) The constituency returning officer shall send to the Electoral Commission-

Publication of statement of persons and parties nominated for return as regional members
     20.  - (1) The regional returning officer shall prepare and publish a statement showing-

    (2) The statement shall show the registered parties which have been and stand nominated in alphabetical order with the name of the party as given in that list and the names and home addresses of the candidates who appear on the regional list of each party as given in that list and arranged in the order in which their names appear on that list.

    (3) The statement shall also show the names, addresses and descriptions of the persons nominated as individual candidates as given in their individual nomination papers.

    (4) The statement shall show the names, addresses and descriptions of the persons standing nominated as individual candidates after the names of the registered parties standing nominated and the names of those individual candidates shall be arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

    (5) In the case of a person nominated by more than one individual nomination paper, the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the regional returning officer in default of the candidate) may select.

    (6) In the case of a registered political party which has delivered more than one regional list for a particular region (and which stands nominated by more than one of those lists), the regional returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the lists as the nominating officer of that party (or the regional returning officer in default of that officer) may select; and if any candidate is shown standing nominated by a list not so selected but is not so shown in the selected list, he shall no longer stand nominated.

    (7) The regional returning officer shall send to the Electoral Commission-

Disqualification by Representation of the People Act 1981: candidates for return as constituency members
     21.  - (1) If it appears to the constituency returning officer that any of the persons nominated as candidates for return as a constituency member might be disqualified by virtue of the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of constituency nomination papers, prepare and publish a draft of the statement required by rule 19 above.

    (2) The draft shall be headed "Draft statement of persons nominated for return as a constituency member" and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10.00 am and 4.00 pm on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of constituency nomination papers.

Disqualification by Representation of the People Act 1981: candidates for return as regional members
     22.  - (1) If it appears to the regional returning officer that any of the persons nominated as candidates for return as a regional member might be disqualified by the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of individual nomination papers and regional lists, prepare and publish a draft of the statement required by rule 20 above.

    (2) The draft shall be headed "Draft statement of persons nominated for return as regional members" and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10.00 am and 4.00 pm on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of individual nomination papers and regional lists.

Adjournment of nomination proceedings in the case of riot
     23.  - (1) Where the proceedings for, or in connection with, nomination are on any day interrupted or obstructed by riot or open violence-

and that day shall be treated for the purposes of these Rules as being the last day for such delivery (subject to any further application of this paragraph in the event of interruption or obstruction on that day).

    (2) Where proceedings are abandoned by virtue of this rule nothing-

Method of election: candidates for return as constituency members
     24.  - (1) If the statement required by rule 19 above shows more than one person standing nominated, a poll shall be taken in accordance with Part III of these Rules.

    (2) If that statement shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of these Rules.

Method of election: candidates for return as regional members
     25.  - (1) Subject to paragraph (2)(b) below, if the statement of persons required by rule 20 above shows more candidates (whether on a registered party's regional list or individual candidates) than the number of seats for that region a poll shall be taken in accordance with Part III of these Rules.

    (2) If that statement shows-

the regional returning officer shall, following receipt of the notification under rule 61(3) below, allocate the seats in accordance with sections 7 and 8 of the 1998 Act.



PART III

CONTESTED ELECTIONS

General Provisions

Poll to be taken by ballot
     26.  - (1) The votes at the poll for the return of a constituency member shall be given by ballot and the result shall be ascertained by counting the votes given to each candidate, and the candidate to whom the majority of votes has been given shall be declared to have been elected.

    (2) The regional votes at a poll for the return of regional members shall be given by ballot, and the regional figure for each individual candidate and each registered party shall be ascertained by counting the regional votes given to each individual candidate and each registered party.

The ballot paper: constituency candidates
     27.  - (1) The ballot of every voter at a poll for the return of a constituency member shall consist of a ballot paper (referred to in these Rules as a "constituency ballot paper").

    (2) The persons shown in the statement required by rule 19 above and no others, shall be entitled to have their names inserted in the constituency ballot paper.

    (3) Every constituency ballot paper shall be in the form J set out in the Appendix, and shall be printed in accordance with the directions in that form, and-

    (4) The order of the names in the constituency ballot paper shall be the same as in the statement required by rule 19 above.

    (5) If a candidate who is the subject of a certificate under rule 8(1) above so requests, the ballot paper shall also contain, to the right of that candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

    (6) The request must-

The ballot paper: regional candidates
     28.  - (1) The ballot of every voter at a poll for the return of regional members shall consist of a ballot paper (referred to in these Rules as a "regional ballot paper").

    (2) The only names, to be inserted in the regional ballot paper shall be the names of-

    (3) Every regional ballot paper shall be in the form K set out in the Appendix, and shall be printed in accordance with the directions in that form, and shall contain-

    (4) The order of the names of the registered parties, together with the candidates appearing on their regional lists, and of the individual candidates in the regional ballot paper shall be the same as in the statement required by rule 20 above.

    (5) If a request has been made to the regional returning officer under rule 7(6) above that a registered party's registered emblem (or, as the case may be, one of the party's registered emblems) be shown on the ballot paper against that party's name, the ballot paper shall also contain, to the right of the party's name, that emblem.

Colour of ballot papers
     29. The regional ballot paper shall be a different colour from the constituency ballot paper.

The official mark
     30.  - (1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

    (2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene before the same official mark may be used again at a poll for a Scottish parliamentary election held in that constituency.

    (3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote
     31. No person who has voted at a Scottish parliamentary election shall, in any legal proceeding to question the election or return, be required to state the candidate for whom, or the registered party for which, he voted.

Use of schools and public rooms
     32.  - (1) At a Scottish parliamentary election the constituency returning officer may use, free of charge, for the purpose of taking the poll or counting the votes-

    (2) This rule applies to a school other than an independent school within the meaning of the Education (Scotland) Act 1980[41].

    (3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by, the persons having control over any such room as mentioned above by reason of its being used for the purpose of taking the poll or, as the case may be, counting the votes.

Action to be taken before the poll

Notice of poll
     33.  - (1) The statement required by rule 19 above and the statement required by rule 20 above shall each include a notice of the poll, stating the day on which and the hours during which the poll will be taken and, in the case of a Scottish parliamentary general election, each such notice may contain such further information about that election as the returning officer who publishes that notice thinks fit.

    (2) The constituency returning officer shall also give public notice (which may be combined with the statement required by rule 19 above) of-

and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.

Postal ballot papers
     34.  - (1) Subject to paragraph (2) below, the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or, in the case of a person entitled to vote by post as proxy, at the address shown in the list kept under article 12(7), a ballot paper and a declaration of identity in the form L set out in the Appendix together with an envelope for their return.

    (2) In the case of a person who is entitled to a postal constituency vote and a postal regional vote, the reference in paragraph (1) above to "a ballot paper" shall be construed as a reference to a constituency ballot paper and a regional ballot paper.

Provision of polling stations
     35.  - (1) The constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient.

    (2) One or more polling stations may be provided in the same room.

    (3) The polling station allotted to electors from any polling district shall be in the polling place for that district

    (4) The constituency returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks
     36.  - (1) The constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary, but he shall not appoint any person who has been employed by or on behalf of a candidate or a registered party in or about the election.

    (2) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.

    (3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards and notifications
     37.  - (1) The constituency returning officer shall as soon as practicable send to each elector and proxy an official poll card or notification, but a card or notification need not be sent to any person-

    (2) An elector's official poll card or notification shall be sent or be delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

    (3) The official poll card or notification shall be in the form M or, in the case of a proxy, form N, set out in the Appendix and shall set out-

    (4) In this paragraph-

Equipment of polling stations
     38.  - (1) The constituency returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the constituency returning officer's opinion may be necessary. At a Scottish parliamentary general election, separate ballot boxes will be provided for the constituency ballot papers and for the regional ballot papers.

    (2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

    (3) The constituency returning officer shall provide each polling station with-

    (4) The constituency returning officer shall also provide each polling station with-

    (5) The device referred to in paragraph (4)(b) above shall be such that-

    (6) There shall be sufficient space to allow the particulars of each candidate and, where appropriate, registered party named on the ballot paper to be clearly shown.

    (7) There shall be a separate hole in the device for each candidate and, where appropriate, registered party, named on the ballot paper.

    (8) Each hole in the device shall be of equal size.

    (9) Each hole shall be positioned to frame the space to the right of the particulars of the candidate or registered party (as the case may be) on which the vote may be marked ("the relevant space").

    (10) Each hole shall be sufficiently large to allow a voter to mark a cross in the relevant space on the ballot paper.

    (11) A notice in the form O set out in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

    (12) At a Scottish parliamentary general election, a notice in the form P set out in the Appendix, giving information to voters shall be printed and exhibited either inside or outside every polling station and may be exhibited both inside and outside any polling station.

    (13) In every compartment of every polling station there shall be exhibited the notice-

    (14) In the case of a poll to fill a vacancy in the seat of a constituency member, the references in paragraph (13) above and in form O to "each ballot paper" shall be construed as references to "the ballot paper".

    (15) The statements required by rules 19 and (except in the case of a poll to fill a vacancy in the seat of a constituency member) 20 above shall be printed in conspicuous characters and exhibited inside or outside every polling station and may be exhibited both inside and outside any polling station.

Appointment of polling and counting agents
     39.  - (1) Each candidate for return as a constituency member, each individual candidate for return as a regional member, and the election agent of each registered party standing nominated, may, before the commencement of the poll, appoint-

    (2) The constituency returning officer may limit the number of counting agents for candidates for return as a constituency member, so that-

    (3) The constituency returning officer may limit the number of counting agents for individual candidates for return as regional members and for registered parties standing nominated, so that-

    (4) Notice in writing of an appointment, stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the fifth day (computed like any period of time in the Table in rule 1(1) above) before the day of the poll.

    (5) If an agent dies, or becomes incapable of acting, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

    (6) The foregoing provisions of this rule shall be without prejudice to the requirements of articles 31 and 32 as to the appointment of paid polling agents, and any appointment authorised by this rule may be made, and the notice of appointment given, to the constituency returning officer by the election agent instead of by the candidate.

    (7) In the following provisions of these Rules references to polling and counting agents shall be taken as references to agents-

    (8) Any notice required to be given to a counting agent by the constituency returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

    (9) Any candidate (or, in the case of a registered party standing nominated, the election agent of that party) may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing such any such act or thing.

    (10) An election agent for a candidate or registered party standing nominated may do or assist in doing anything which a polling or counting agent of that candidate or party is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

    (11) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
     40. The constituency returning officer shall make such arrangements as he thinks fit to ensure that-

Admission to polling station
     41.  - (1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except-

    (2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate or of the same registered party.

    (3) Not more than one candidate on a registered party's regional list shall be admitted at the same time to a polling station.

    (4) A constable or person employed by a constituency or regional returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Order, except on production and surrender of a certificate as to his employment, which shall be in the form Q set out in the Appendix and signed by an officer of police of the rank of Inspector or above or by the returning officer in question, as the case may be.

    (5) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station
     42.  - (1) It is the presiding officer's duty to keep order at his polling station.

    (2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station-

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.

    (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

    (4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes
     43. Immediately before the commencement of the poll, the presiding officer shall-

Questions to be put to voters
     44.  - (1) The presiding officer may, and, if required by a candidate or the election or polling agent of a candidate or of a registered party standing nominated, shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them:-

    (2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above, shall, put the following additional question-

    (3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

    (4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter
     45.  - (1) If at the time a person applies for a ballot paper at a Scottish parliamentary election for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or the election or polling agent of a candidate or of a registered party standing nominated-

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

    (2) A person against whom a declaration is made under this paragraph shall not by reason of it be prevented from voting.

    (3) A person arrested under the provisions of this paragraph shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure
     46.  - (1) At a Scottish parliamentary general election, a voter may apply for a constituency ballot paper or a regional ballot paper or both. However at any such election, the presiding officer shall assume, in the absence of a clear indication to the contrary, that the voter's application is for a constituency ballot paper and a regional ballot paper.

    (2) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery-

    (3) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box provided for that purpose in the presiding officer's presence.

    (4) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

    (5) At a Scottish parliamentary general election the same copy of the register of electors may be used under paragraph (2) above for a constituency ballot paper and a regional ballot paper and one mark may be placed in that register under paragraph (2)(d) above or in the list of proxies under paragraph (2)(e) above to denote that each of the ballot papers has been received; and, where one mark is so placed in that register or, as the case may be, list, the mark shall, unless the contrary intention appears, be taken to denote that a constituency ballot paper and regional ballot paper have been received.

Votes marked by presiding officer
     47.  - (1) The presiding officer on the application of a voter-

shall, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in a manner directed by the voter, and the ballot paper to be placed in the ballot box.

    (2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this paragraph, and the reason why it is so marked, shall be entered on a list (in these Rules referred to as "the list of votes marked by the presiding officer").

    (3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (4) At a Scottish parliamentary general election, the same list of votes marked by the presiding officer may be used for votes marked on constituency ballot papers and votes marked on regional ballot papers and where it is so used, an entry in that list shall, unless the contrary intention appears, be taken to mean that each such ballot paper was so marked.

Voting by persons with disabilities
     48.  - (1) If a voter makes an application to the presiding officer to be allowed, on the ground of-

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

    (2) If the presiding officer-

    (3) For the purposes of this rule, a person shall be qualified to assist a voter with disabilities to vote, if that person is either-

    (4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these Rules referred to as "the list of voters with disabilities assisted by companions").

    (5) For the purposes of paragraph (4) above, in the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (6) The declaration made by the companion-

    (7) No fee or other payment shall be charged in respect of the declaration.

    (8) At a Scottish parliamentary general election, the same list of voters with disabilities assisted by companions may be used for votes marked on constituency ballot papers and votes marked on regional ballot papers and, where it is so used, an entry in that list shall, unless the contrary intention appears, be taken to mean that the votes of the elector in question were so given in relation to each such ballot paper.

Tendered ballot papers
     49.  - (1) If a person, representing himself to be-

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this paragraph, to mark a ballot paper (in these Rules referred to as "a tendered ballot paper") in the same manner as any other voter.

    (2) A tendered ballot paper shall-

    (3) In these Rules, a tendered ballot paper marked by a person applying for a constituency ballot paper is referred to as a "tendered constituency ballot paper" and a tendered ballot paper marked by a person applying for a regional ballot paper is referred to as a "tendered regional ballot paper".

    (4) The name of the voter and his number on the register of electors shall be entered on a list (in these Rules referred to as the "tendered votes list").

    (5) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name shall be the number of that elector.

    (6) At a Scottish parliamentary general election, the same tendered votes list may be used in relation to all tendered votes in respect of that election and, where it is so used, an entry in that list in relation to a voter shall unless the contrary intention appears, be taken to mean that tendered ballot papers were marked by that voter in relation to both of his votes at that election.

Spoilt ballot papers
     50. A voter who has inadvertently dealt with a ballot paper of his in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as "a spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot
     51.  - (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the constituency returning officer and, except in the case of an election to fill a vacancy in the seat of a constituency member, the regional returning officer.

    (2) Where the poll is adjourned at any polling station-

Procedure on close of poll
     52.  - (1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, using his own seal and the seals of such polling agents as desire to affix their seals, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers. He shall then make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals-

and shall deliver the sealed ballot boxes and the packets, or cause them to be delivered, to the constituency returning officer to be taken charge of by him; but if the boxes and packets are not delivered by the presiding officer personally to the constituency returning officer, the arrangements for their delivery shall require the constituency returning officer's approval.

    (2) Sub-paragraphs (c), (d) and (g) of paragraph (1) above shall not apply in the case of a poll to fill a vacancy in the seat of a constituency member.

    (3) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used constituency ballot papers or in the same packet as the counterfoils of the used regional ballot papers.

    (4) The packets shall be accompanied by a statement (in these Rules referred to as "the ballot paper account") made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers; and, except in the case of a poll to fill a vacancy in the seat of a constituency member, a separate ballot paper account shall be made for the constituency ballot papers and the regional ballot papers.

Counting of votes

Attendance at counting of votes
     53.  - (1) The constituency returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll and shall give to the counting agents and the regional returning officer notice in writing of the time and place at which he will begin to count the votes.

    (2) No person other than-

may be present at the counting of the votes, unless permitted by the constituency returning officer to attend.

    (3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the constituency returning officer unless he-

    (4) The constituency returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (5) In particular, where the votes are counted by sorting the ballot papers according to-

and then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count
     54.  - (1) The constituency returning officer shall-

    (2) The constituency returning officer shall not count the votes given on any ballot papers until-

    (3) A postal ballot paper shall not be deemed to be duly returned unless it is returned-

before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

    (4) The constituency returning officer shall not count any tendered ballot paper.

    (5) The constituency returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

    (6) The constituency returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent appointed for the purposes of that election may copy.

    (7) The constituency returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents appointed for the purpose of that election agree, exclude the hours between 7 in the evening and 9 on the following morning.

shall be as effective as the agreement of the counting agent of that candidate or, as the case may be, registered party.

    (8) During the time so excluded the constituency returning officer shall-

Re-count: constituency election
     55.  - (1) A candidate for return as a constituency member or his election agent may, if present when the counting or any re-count of the votes given in the constituency ballot papers is completed, require the constituency returning officer to have these votes re-counted or again re-counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of votes given in the constituency ballot papers until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Re-count: regional votes in a constituency
     56.  - (1) An individual candidate for return as a regional member or his election agent, or the election agent for a registered party standing nominated (or any person authorised in writing by that agent) may prior to the publication of the statement required by rule 60 below, if present when the counting or any re-count of the votes given in the regional ballot papers is completed in a constituency, require the constituency returning officer to have the votes re-counted or again re counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of votes until the individual candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers
     57.  - (1) Any ballot paper-

shall, subject to the provisions of paragraph (2), be void and not counted.

    (2) A ballot paper on which the vote is marked-

shall not for such reason be deemed to be void if an intention that the vote shall be for one of the candidates (or in the case of a regional ballot paper, registered parties) clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

    (3) A regional ballot paper on which a vote is marked for a particular candidate on a registered party's regional list shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

    (4) The constituency returning officer shall endorse the word "rejected" on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words "rejection objected to" if an objection is made by a counting agent to his decision.

    (5) The constituency returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of-

Decisions on ballot papers
     58. The decision of the constituency returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to
review on an election petition.

Equality of votes: election for return of constituency members
     59. Where, after the counting of the votes (including any re-count) given in a poll for the return of a constituency member is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the constituency returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Conveying results of count etc. to regional returning officer
     60.  - (1) As soon as practicable after the conclusion of the counting of the votes (including any re-count) given in a constituency in a poll for return of regional members, the constituency returning officer shall, in accordance with any directions given by the regional returning officer, draw up a statement showing the number of votes given for each registered party and each individual candidate (excluding any votes given on any rejected ballot papers).

    (2) The constituency returning officer shall forthwith inform the regional returning officer of the contents of that statement.

    (3) The constituency returning officer shall give public notice of the statement prepared under paragraph (1) above as soon as practicable after he has informed the regional returning officer.



PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

Declaration of result: constituency members
     61.  - (1) In a contested election for return of a constituency member, when the result of the poll for the return of a constituency member has been ascertained, the constituency returning officer shall forthwith-

    (2) In an uncontested election, the statement of persons nominated for return as a constituency member, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if a certificate has been received by the constituency returning officer issued by or on behalf of the nominating officer of a registered party under rule 8(1) above in respect of that candidate, the name of that party, to the Clerk of the Parliament.

    (3) In any case to which paragraph (1) or (2) above applies (except in an election to fill a vacancy in the seat of a constituency member) the constituency returning officer shall forthwith also notify the regional returning officer of the candidate who has been returned and, if applicable, the name of the registered political party referred to in paragraph (1)(b) or, as the case may be, (2) above.

    (4) For the purposes of paragraph (1)(b) and (2) above the constituency returning officer shall return those names required to be returned by-

Attendance at allocation of seats for regional members
     62.  - (1) At a contested election, the regional returning officer shall make arrangements for making the calculation and allocation referred to in rule 63 below as soon as practicable after receipt by him of the statement prepared under rule 60 above and of the notification under rule 61(3) above from each constituency returning officer in that region.

    (2) No person other than-

may be present at that calculation and allocation unless permitted by the regional returning officer to attend.

    (3) A person not entitled to attend the proceedings under rule 63 below shall not be permitted to do so by the regional returning officer unless he-

    (4) The regional returning officer shall give to-

notice in writing of the place at which he will begin the proceedings under rule 63 below.

Allocation of seats
     63.  - (1) The regional returning officer shall calculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region by adding together the votes given for that registered party or, as the case may be, individual candidate as shown in the statements received under rule 60 above.

    (2) An individual candidate for return as a regional member or his election agent, or the election agent for a party standing nominated (or, in the absence of such agent, any candidate included in that party's list) may, prior to the allocation of the seats by the regional returning officer under paragraph (3) below, if present when the calculation under paragraph (1) above (or any recalculation under this paragraph) is completed, require the regional returning officer to recalculate or again recalculate the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region, but the regional returning officer may refuse to do so if in his opinion the request is unreasonable.

    (3) The regional returning officer shall then allocate the seats in accordance with sections 7 and 8 of the 1998 Act.

Equality of votes at poll for return of regional members
     64. Section 8(7) of the 1998 Act shall be modified by substituting, for the words after "candidates", the following words:-

Declaration of results: regional members
     65.  - (1) When the regional returning officer has allocated the regional member seats he shall forthwith-

    (2) For the purposes of paragraph (1) above the regional returning officer shall return those names required to be returned by-

Return or forfeiture of deposit
     66.  - (1) The deposit made under rule 11 above shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

    (2) Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result or results of the election is or are declared.

    (3) For the purposes of paragraph (2) above-

    (4) If a candidate for return as a constituency member is not shown as standing nominated in the statement required by rule 19 above, or if the poll is countermanded or abandoned by reason of his death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

    (5) Where-

the deposit shall be returned as soon as practicable after the publication of that statement or the time when the regional returning officer is satisfied of the candidate's death, as the case may be.

    (6) Subject to paragraph (4) above, the deposit made by or on behalf of a candidate for return as a constituency member shall be forfeited if a poll is taken and, after the counting of the votes by the constituency returning officer (including any re-count) is completed, the candidate is found not to have polled more than one twentieth of the total number of votes polled by all the candidates.

    (7) Subject to paragraph (5) above, the deposit made by or on behalf of any individual candidate for return as a regional member or any registered party standing nominated shall be forfeited if after the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region has been calculated (or recalculated) under rule 63 above, the registered party or individual candidate is found not to have polled more than one twentieth of the total number of votes polled by all the registered parties and individual candidates in all of the constituencies included in the region and has not been allocated a seat under section 8 of the 1998 Act.



PART V

DISPOSAL OF DOCUMENTS

Sealing up of ballot papers
     67.  - (1) On the completion of the counting at a contested election the constituency returning officer shall seal up in separate packets the counted and rejected ballot papers.

    (2) The constituency returning officer shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors and lists of proxies.

Delivery of documents to the sheriff clerk
     68.  - (1) The constituency returning officer shall then forward to-

the following documents-

endorsing on each packet-

    (2) The constituency returning officer may forward the documents either by delivering them by himself or his agent to the sheriff clerk or by sending them by post.

    (3) If he sends them by post-

    (4) On receipt of the documents by the sheriff clerk a receipt shall be given to the person delivering them, and the receipt of those documents shall be registered in books kept for the purpose by the sheriff clerk specifying the date and time of receipt.

    (5) Any receipt to be given for the documents shall show the date and time of their receipt.

Orders for production of documents
     69.  - (1) An order-

may be made, if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the Court of Session or the sheriff.

    (2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the sheriff clerk's custody may be made by an election court.

    (3) An order under this paragraph may be made subject to such conditions as to-

as the court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved-

    (4) An appeal lies to the Court of Session from any order of the sheriff under this rule.

    (5) Any power given under this rule to the Court of Session or to the sheriff, may be exercised by any judge of the court otherwise than in open court.

    (6) Where an order is made for the production by the sheriff clerk of any document in his possession relating to any specified election-

    (7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

    (8) Save as by this paragraph provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the sheriff clerk or to open any sealed packets of counterfoils and certificates.

Retention and public inspection of documents
     70.  - (1) The sheriff clerk shall retain for a year all documents relating to an election forwarded to him in pursuance of these Rules by a constituency returning officer, and then, unless otherwise directed by order of the Court of Session, shall cause them to be destroyed.

    (2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be determined by the sheriff clerk with the consent of the Presiding Officer of the Scottish Parliament.

    (3) The sheriff clerk may, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as may be sanctioned by the Treasury.



PART VI

DEATH OF CANDIDATE

Countermand or abandonment of poll etc. on death of candidate
     71.  - (1) If at a contested election for the return of a constituency member proof is given to the constituency returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the constituency returning officer shall-

and all proceedings with reference to the election for the return of a constituency member for that constituency shall be commenced afresh in all respects as if publication of notice of election had been given 28 days after the day on which proof was given to the returning officer of the death.

    (2) Where paragraph (1) above applies, no fresh nominations shall be necessary in the case of a person shown in the statement of persons nominated as standing nominated.

    (3) Where there is a contested election for return of regional members and the poll at a constituency election for a constituency included within that region is abandoned, or notice of the poll countermanded, in accordance with paragraph (1) above, rule 62 above shall be satisfied when the regional returning officer has received the statement prepared under rule 60 above and the notification under rule 61(3) above in respect of each of the other constituencies in that region (other than a constituency in relation to which paragraph (1) above also applies); and in such a case section 7(1) of the 1998 Act shall apply with the modification that the reference in that subsection to "constituencies included in the region" shall be construed as a reference to the constituencies included in the region except those in relation to which paragraph (1) above applies.

    (4) Where paragraph (3) applies, the subsequent election of a candidate for the constituency shall have no effect upon the validity of the election or return of any regional member.

    (5) If at a contested election for return of regional members proof is given to the regional returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers (whether as an individual candidate or as a candidate on a regional list) has died and as a result of that death the election becomes uncontested, then the regional returning officer shall-

    (6) If at a contested election for return of regional members proof is given to the regional returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual candidate or as a candidate on a regional list) has died, but notwithstanding that death the election continues to remain contested, the notice of poll shall not be countermanded nor, as the case may be, shall the poll be abandoned.

    (7) Where such a death occurs, it shall have no effect upon the validity of the election or return of any regional members for that region and the regional returning officer shall take such steps as he considers reasonable to publicise-

in the region for which the election is held.

    (8) Subject to paragraph (9) below, where a poll is abandoned by reason of a candidate's death the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall take the like steps (so far as not already taken) for the delivery to the constituency returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll in due course, and the constituency returning officer shall dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but-

    (9) At a Scottish parliamentary general election where only one poll is abandoned the steps required to be taken by the presiding officer at such a polling station by paragraph (8) above shall take place on the close of the poll, and paragraph (8) above shall have effect as if, after "the constituency returning officer" in sub-paragraph (b) there were inserted "having separated the ballot papers relating to the other poll".

    (10) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, with the following modifications-



PART VII

MISCELLANEOUS

Return of members and record of returns etc.
     72.  - (1) The Clerk of the Parliament shall on receipt of a certificate delivered under rule 61 or 65 above enter the information contained in that certificate in a book kept for that purpose at the Parliament (in this paragraph referred to as "the returns book").

    (2) Where the Presiding Officer of the Scottish Parliament-

he shall-

    (3) Where it comes to the notice of the Presiding Officer of the Scottish Parliament that-

he shall record-

    (4) The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.



SCHEDULE 3
Article 13(2)


ABSENT VOTING




ARRANGEMENT OF PARAGRAPHS

1. General requirements for applications.
2. Additional requirements for applications on grounds of physical incapacity.
3. Additional requirements for applications based on occupation, service or employment.
4. Additional requirements for applications for proxy votes in respect of a particular election.
5. Additional requirements for applications for appointment of a proxy.
6. Closing dates for applications.
7. Grant or refusal of applications.
8. Notice of appeal.
9. Cancellation of proxy appointment.
10. Inquiries by registration officer.
11. Records and lists to be kept under articles 9, 10 and 12.
12. Marked register for polling stations.
General requirements for applications
     1.  - (1) Applications under article 9, 10, 11 or 12 shall, in the case of a person applying to vote by post, state-

and the application shall be signed by the applicant and made and sent or delivered in accordance with article 88.

    (2) For the purposes of sub paragraph (1)(b) above, the address in respect of which the applicant is or will be registered includes-

    (3) An application under article 10(1) or (2), 11(7) or 12(4) or (6) shall specify the election in respect of which it is made. An application under article 10(1) or (2) shall also specify whether it is for an indefinite period or for a particular period specified in the application.

    (4) An application to vote by proxy under article 9(2) or (6) or 10(1) or (2) shall include an application for the appointment of a proxy which meets the requirements of paragraph 5 below.

    (5) An application under article 9, 10, 11 or 12 shall comply with such further requirements of this Schedule as apply to such an application including the requirements as to time set out by paragraph 6 below.

Additional requirements for applications on grounds of physical incapacity
     2.  - (1) An application under paragraph (1), as read with paragraph (3)(b), of article 9 shall specify the physical incapacity by reason of which the application is made.

    (2) Subject to sub-paragraphs (3) and (5) below, such an application shall be attested and signed by-

    (3) But a person may not attest an application under the said article 9(1) and (3)(b) by virtue of sub paragraph (2)(a), (b) or (c) above, unless he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.

    (4) The person attesting an application under sub-paragraph (2) above shall state-

    (5) Sub-paragraphs (2) and (4) above shall not apply where-

    (6) The fact that an applicant is registered with a local authority or local society for the blind shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in article 9(3)(b).

    (7) In this paragraph and paragraphs 3 and 4 below, "his allotted polling station", in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

Additional requirements for applications based on occupation, service or employment
     3.  - (1) An application under article 9 and under paragraph (1), as read with paragraph (3)(c), of article 9 shall state-

    (2) Such an application shall be attested and signed-

    (3) For the purposes of sub-paragraph (2)(a) above and of sub-paragraph (4)(b)(i) below, one person is related to another if he is the husband, wife, parent, grandparent, brother, sister, child or grandchild of the other.

    (4) The person attesting an application under sub-paragraph (2) above shall-

and, in addition, he shall state-

Additional requirements for applications for proxy votes in respect of a particular election
     4. An application under article 10(1) to vote by proxy at a particular election shall set out why the applicant's circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

Additional requirements for applications for appointment of a proxy
     5. An application for the appointment of a proxy under article 11(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and-

Closing dates for applications
     6.  - (1) An application-

shall be disregarded for the purposes of any particular election if it is received by the registration officer after 5.00 pm on the sixth day before the date of the poll at that election.

    (2) Subject to sub-paragraph (3) below, an application-

shall be refused if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at the election for which it was made.

    (3) The following, namely-

shall be disregarded for the purposes of a particular election if it is received by the registration officer after 5pm on the eleventh day before the date of the poll at that election.

    (4) In computing a period of days for the purposes of this paragraph-

shall be disregarded.

Grant or refusal of applications
     7.  - (1) Where the registration officer grants an application under article 9, 10, 11 or 12 he shall, where practicable, notify the applicant of his decision.

    (2) Where the registration officer grants an application for the appointment of a proxy, he shall, where practicable, confirm in writing to the elector that the proxy has been appointed, his name and address and the duration of the appointment.

    (3) The proxy paper to be issued by the registration officer on the appointment of a proxy may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections.

    (4) Where the registration officer does not grant an application under article 9, 10, 11 or 12, he shall notify the applicant of his decision and, in the case of an application under article 9(1) or 12(4), of the reason for his decision; and he shall date such notification.

    (5) Where under paragraph 6(1) or (3) above the registration officer disregards an application for the purposes of any particular election, he shall, where practicable, notify the applicant of this.

    (6) At an election where the registration officer is not the returning officer for any constituency or part of a constituency for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

Notice of appeal
     8.  - (1) A person desiring to appeal under article 5(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 7(4) above, specifying the grounds of the appeal.

    (2) The registration officer shall forward any such notice to the sheriff with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case, and on any point which may be specified as a ground of appeal and shall also give to the sheriff any other information which the sheriff may require and which the registration officer is able to give.

    (3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the sheriff so that the sheriff may consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment
     9. Where the appointment of a proxy is cancelled by notice given to the registration officer under article 11(9) or ceases to be in force under that provision or is no longer in force under article 11(10)(b), the registration officer shall-

Inquiries by registration officer
     10.  - (1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown in the record kept under article 9(4) by virtue of an application under that article on the grounds set out in article 9(3)(c) or (d);

    (2) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) above to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under articles 9, 10 and 12
     11.  - (1) Subject to the provisions of this paragraph, the records kept under articles 9(4) and 12(5) and the lists kept under articles 10(4) and 12(7) shall be in such form as the registration officer thinks fit.

    (2) In that part of the absent voters list referred to in article 10(4)(a), the address to which a ballot paper shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

    (3) In that part of the absent voters list referred to in article 10(4)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector's name and electoral number.

    (4) In the list kept under article 12(7) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper shall be sent, shall be placed on the right hand side of the elector's name and electoral number.

    (5) The registration officer shall make available for inspection at his office a copy of the records kept under articles 9(4) and 12(5).

    (6) As soon as practicable after the day referred to in paragraph 6(1) above, the registration officer shall publish the lists kept under articles 10(4) and 12(7) by making a copy of them available for inspection at his office; and he shall continue to make a copy of those lists so available until the date of the poll.

    (7) Subject to sub-paragraph (8) below, as soon as practicable after the publication of the lists referred to in sub-paragraph (6) above, the registration officer shall, on request, supply free of charge a copy of them to each-

    (8) But if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

    (9) In this paragraph, "electoral number" means a person's number in the register to be used at the election.

Marked register for polling stations
     12. To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter "A" shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.



SCHEDULE 4
Article 13(3)


ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS




ARRANGEMENT OF PARAGRAPHS

1. Interpretation
Issue of postal ballot papers
2. Combination of polls.
3. Form of declaration of identity.
4. Persons entitled to be present at proceedings on issue of postal ballot papers.
5. Persons entitled to be present at receipt of postal ballot papers.
6. Notification of requirement of secrecy.
7. Time when postal ballot papers are to be issued.
8. Procedures on the issue of postal ballot papers..
9. Refusal to issue postal ballot paper.
10. Envelopes.
11. Delivery of postal ballot papers.
12. Sealing up of special lists and counterfoils.
13. Spoilt postal ballot paper.
14. Lost postal ballot paper.
Receipt of postal ballot papers
15. Notice of opening of postal ballot paper envelopes.
16. Postal ballot boxes and receptacles.
17. Receipt of covering envelope.
18. Opening of postal voters' ballot box.
19. Opening of covering envelopes.
20. Procedure in relation to declarations of identity.
21. Opening of ballot paper envelopes.
22. Lists of rejected postal ballot papers.
23. Checking of lists kept under paragraph 22.
24. Sealing of receptacle.
25. Abandoned poll.
26. Forwarding of documents.
Interpretation
     1. For the purposes of this Schedule, unless the context otherwise requires-

Issue of postal ballot papers

Combination of polls
     2. Where the polls at elections are taken together under article 14(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.

Form of declaration of identity
     3. The declaration of identity sent with the postal ballot paper to a postal voter shall be-

Persons entitled to be present at proceedings on issue of postal ballot papers
     4. No person may be present at the proceedings on the issue of postal ballot papers other than the constituency returning officer and members of his staff.

Persons entitled to be present at receipt of postal ballot papers
     5.  - (1) No person may be present at the proceedings on the receipt of postal ballot papers other than-

    (2) Each-

may appoint one or more agents up to the number he may be authorised by the constituency returning officer to appoint, so, however, that the number authorised should be the same in the case of each candidate or, as the case may be, election agent for a registered party standing nominated.

    (3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

    (4) Where postal ballot papers for more than one election are issued together under paragraph 2 above, the constituency returning officer to whom notice shall be given under sub-paragraph (3) above and sub-paragraphs (5) and (6) below is the returning officer who issues the postal ballot papers.

    (5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

    (6) Agents may be appointed and notice of appointment given to the constituency returning officer by a candidate's election agent instead of by the candidate.

    (7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2) above, who are within the number authorised by the constituency returning officer.

    (8) Any of the following persons, namely-

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

    (9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
     6. The constituency returning officer shall make arrangements to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 30(4) and (6).

Time when postal ballot papers are to be issued
     7.  - (1) In the case of a person shown in the record kept under-

no postal ballot paper (and no declaration of identity) shall be issued until after 5 p.m. on the eleventh day before the date of the poll (computed in accordance with paragraph 6(4) of Schedule 3).

    (2) In the case of any other person, the postal ballot paper (and declaration of identity) shall be issued by the constituency returning officer as soon as practicable after the registration officer has granted the application to vote by post.

Procedures on the issue of postal ballot papers
     8.  - (1) Each postal ballot paper issued shall be stamped with the official mark and the name and number of the elector as stated in the register shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

    (2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

    (3) Where postal ballot papers for more than one election are issued together under paragraph 2 above-

    (4) Where the poll at a Scottish parliamentary election is taken with the poll at another election under article 14(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2 above, the colours of the postal ballot papers (or, as the case may be, the colour of the postal ballot paper) shall also be marked on the declaration of identity sent with those papers (or as the case may be, that paper).

Refusal to issue postal ballot paper
     9. Where a constituency returning officer is satisfied that two or more entries in either the absent voters list, or the list of postal proxies, or in each of those lists relate to the same elector he shall not issue more than one constituency ballot paper or, as the case may be, more than one regional ballot paper in respect of the same elector in respect of the same election.

Envelopes
     10.  - (1) The envelope which the constituency returning officer is required by rule 34 of the Scottish Parliamentary Election Rules[
47] to send to a postal voter for the return of postal ballot papers (or, as the case may be, a postal ballot paper) and the declaration of identity (referred to as a "covering envelope") shall be marked with the letter "B".

    (2) In addition to the documents referred to in sub-paragraph (1) above, the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a "ballot paper envelope") which shall be marked with-

    (3) Where the poll at one election is taken together with the poll at another election under article 14(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not be taken together under paragraph 2 above-

Delivery of postal ballot papers
     11.  - (1) For the purpose of delivering postal ballot papers, the constituency returning officer may use-

    (2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the constituency returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

    (3) Postage shall be prepaid on envelopes addressed to the postal voters (except where sub paragraph (1)(c) above applies).

    (4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

    (5) In this paragraph, "universal postal service provider" has the meaning given in the Postal Services Act 2000 to a "universal service provider".

Sealing up of special lists and counterfoils
     12.  - (1) As soon as practicable after the issue of each batch of postal ballot papers, the constituency returning officer shall make up into a packet the counterfoils of those ballot papers which have been issued and shall seal such a packet.

    (2) As soon as practicable after the last batch of postal ballot papers have been issued, the constituency returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet.

    (3) Until the time referred to in sub-paragraph (2) above, the constituency returning officer shall take proper precautions for the security of the lists referred to in that sub paragraph.

Spoilt postal ballot paper
     13.  - (1) If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as "a spoilt postal ballot paper") he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper and the declaration of identity.

    (2) Where two or more postal ballot papers have been issued together to him (whether at a Scottish parliamentary general election or under paragraph 2 above), the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1) above, return all of the ballot papers so issued, whether spoilt or not.

    (3) On receipt of the documents referred to in sub-paragraph (1) or (2) above the constituency returning officer shall issue a replacement ballot paper or, as the case may be, papers except where those documents are received after 5.00 p.m. on the day before the day of the poll.

    (4) Paragraphs 4, 5, 6 and 8 to 12 above shall apply to the issue of postal ballot papers under sub-paragraph (3) above.

    (5) The spoilt postal ballot paper, and any other postal ballot paper issued with it and the declaration of identity , shall be immediately cancelled.

    (6) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.

    (7) Where a postal voter applies in person, the constituency returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 11 above.

    (8) The constituency returning officer shall enter in a list kept for the purpose ("the list of spoilt postal ballot papers")-

Lost postal ballot paper
     14.  - (1) Where a postal voter has not received his postal ballot paper by the third day before the day of the poll, he may apply (whether or not in person ) to the constituency returning officer for a replacement ballot paper.

    (2) Such an application shall include evidence of the voter's identity.

    (3) Where the application is received by the constituency returning officer before 5pm on the day before the day of the poll and the constituency returning officer-

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

    (4) The constituency returning officer shall enter in a list kept for the purpose ("the list of lost postal ballot papers")-

    (5) Paragraphs 4, 5, 6 and 8 to 12 above shall apply to the issue of replacement postal ballot papers under sub-paragraph (3) above.

    (6) Where a postal ballot voter applies in person, the constituency returning officer may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 11 above.

    (7) Where the constituency returning officer issues another ballot paper, or as the case may be, postal ballot papers under sub-paragraph (3) above, the lost ballot paper shall be void and of no effect.

Receipt of postal ballot papers

Notice of opening of postal ballot paper envelopes
     15.  - (1) The constituency returning officer shall give not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened, to-

    (2) Such a notice shall specify-

Postal ballot boxes and receptacles
     16.  - (1) The constituency returning officer shall provide a separate ballot box for the reception of-

    (2) Each such ballot box shall be marked "postal voters' ballot box" or "postal ballot box", as the case may be, and with the name of the constituency or electoral area for which the election is, or, as the case may be, the elections are, held.

    (3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.

    (4) The constituency returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

    (5) The constituency returning officer shall provide the following receptacles-

    (6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope
     17.  - (1) The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

    (2) Where an envelope, other than a covering envelope issued by the constituency returning officer-

the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.

Opening of postal voters' ballot box
     18.  - (1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of any agents, if in attendance.

    (2) So long as the constituency returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

    (3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 54 of the Scottish Parliamentary Election Rules.

Opening of covering envelopes
     19.  - (1) When a postal voters' ballot box is opened, the constituency returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope (including any envelope to which paragraph 17(2) above applies) separately.

    (2) The procedure in paragraph 20 below applies where a covering envelope (including an envelope to which paragraph 17 (2) above applies) contains both-

    (3) Where the covering envelope does not contain the declaration of identity separately, the constituency returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.

    (4) Where a covering envelope does not contain both-

the constituency returning officer shall mark the covering envelope "provisionally rejected", attach its contents (if any) and place it in the receptacle for rejected votes.

Procedure in relation to declarations of identity
     20.  - (1) The constituency returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his address (referred to as a "valid declaration of identity").

    (2) Where the constituency returning officer is not so satisfied, he shall mark the declaration "rejected", attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.

    (3) Before placing the declaration in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words "rejection objected to".

    (4) The constituency returning officer shall then compare the number (or numbers) on the declaration of identity against the number or (numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope in, respectively the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

    (5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under paragraph 19(3) above, he shall place-

    (6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the constituency returning officer shall open the envelope.

    (7) Where an envelope has been opened under paragraph 19(3) above or sub paragraph (6) above, the constituency returning office shall-

Opening of ballot paper envelopes
     21.  - (1) The constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

    (2) He shall place-

Lists of rejected postal ballot papers
     22.  - (1) In respect of any election, the constituency returning officer shall keep two separate lists of rejected postal ballot papers.

    (2) In the first list, he shall record the ballot paper number of any postal ballot paper which is not accompanied by a valid declaration of identity.

    (3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.

Checking of lists kept under paragraph 22
     23.  - (1) Where the constituency returning officer receives a valid declaration of identity without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he shall from time to time prior to the close of the poll, check the list kept under paragraph 22(2) above to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is (or are) entered in that list.

    (2) Where the constituency returning officer receives a postal ballot paper without the declaration of identity relating to it, he may, at any time prior to the close of the poll, check the list kept under paragraph 22(3) above to see whether the number of that ballot paper is entered in that list.

    (3) The constituency returning officer shall conduct the checks required by sub paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 52 of the Scottish Parliamentary Election Rules.

    (4) Where the ballot paper number in the list matches the number of a valid declaration of identity or, as the case may be, a postal ballot paper, the constituency returning officer shall retrieve the relevant declaration or paper.

    (5) The constituency returning officer shall then take the appropriate steps under this Schedule as though any document earlier marked "provisionally rejected" had not been so marked and shall amend the document accordingly.

Sealing of receptacles
     24.  - (1) As soon practicable after the completion of the procedure under paragraph 23(3) and (4) above, the constituency returning officer shall make up into separate packets the contents of-

and shall seal up such packets.

    (2) Any document in those packets marked "provisionally rejected" shall be deemed to be marked "rejected".

Abandoned poll
     25.  - (1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer-

    (2) Sub-paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2 above.

Forwarding of documents
     26.  - (1) The constituency returning officer shall forward to the sheriff clerk at the same time as he forwards the documents mentioned in rule 68 of the Scottish Parliamentary Election Rules-

    (2) Where-

the constituency returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub paragraph (1) above.

    (3) Rules 67 and 68 of the Scottish Parliamentary Election Rules shall apply to any packet or document forwarded under this paragraph.

    (4) A copy of the statement referred to in sub-paragraph (1)(b) above shall be provided by the constituency returning officer to the Secretary of State.



SCHEDULE 5
Article 13(5)


COMBINATION OF POLLS




ARRANGEMENT OF PARAGRAPHS


PART I

GENERAL
1. Returning officers and polling stations.
2. Functions at combined polls.
3. Modification of provisions about expenses in this Order and the 1983 Act.

PART II

MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)
4. Modifications of the Scottish Parliamentary Election Rules: general provision.
5. Rule 29 (colour of ballot papers).
6. Rule 33 (notice of poll).
7. Rule 37 (issue of official poll cards and notifications).
8. Rule 38 (equipment of polling stations).
9. Rule 39 (appointment of polling and counting agents).
10. Rule 44 (questions to be put to voters).
11. Rule 46 (voting procedure).
12. Rule 47 (votes marked by presiding officer).
13. Rule 48 (voting by persons with disabilities).
14. Rule 49 (tendered ballot papers).
15. Rule 51 (adjournment of poll in case of riot).
16. Rule 52 (procedure on close of poll).
17. Rule 53 (attendance at counting of votes).
18. Rule 54 (the count).
19. Rule 68 (delivery of documents to the sheriff clerk).
20. Rule 71 (countermand or abandonment of poll etc. on death of candidate).
21. Form of directions for the guidance of the voters in voting in Schedule 5.

PART III

MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2002 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)
22. Modifications of the local elections rules: general provision.
23. Rule 1 of the local elections rules (timetable).
24. Rule 13 of the local elections rules (the ballot papers).
25. Rule 17 of the local elections rules (notice of poll).
26. Rule 21 of the local elections rules (issue of official poll cards and notifications).
27. Rule 22 of the local elections rules (equipment of polling stations).
28. Rule 23 of the local elections rules (appointment of polling and counting agents).
29. Rule 28 of the local elections rules (questions put to voters).
30. Rule 30 of the local elections rules (voting procedure).
31. Rule 31 of the local elections rules (votes marked by presiding officer).
32. Rule 32 of the local elections rules (voting by persons with disabilities).
33. Rule 33 of the local elections rules (tendered ballot papers).
34. Rule 35 of the local elections rules (adjournment of poll in case of riot).
35. Rule 36 of the local elections rules (procedure on close of poll).
36. Rule 37 of the local elections rules (attendance at counting of votes).
37. Rule 38 of the local elections rules (the count).
38. Rule 45 of the local elections rules (delivery of documents).
39. Rule 48 of the local elections rules (countermand or abandonment of poll on death of candidate).
40. Local elections rules: declaration of identity.
41. Local elections rules: elector's official poll card and notification, and
42. Local elections rules: declaration to be made by the companion of a voter with disabilities.


PART 1

GENERAL

Returning officers and polling stations
     1.  - (1) Where the polls at a Scottish parliamentary general election and an ordinary local government election are taken together under article 14(1)-

    (2) Where the polls for related areas are taken together under article 14(2)-

Functions at combined polls
     2.  - (1) The functions referred to in paragraph 1 above are the functions conferred or imposed-

and, where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 4, the functions conferred or imposed by that Schedule and by Part V of the 2001 Regulations[49].

    (2) The rules referred to in sub-paragraph (1) above are-

Modification of provisions about expenses in this Order and the 1983 Act
     3.  - (1) Where those functions of a returning officer at an election which are specified in paragraph 2 above are discharged by the returning officer at another election under paragraph 1 above, references to the returning officer or his charges or expenditure-

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

    (2) The reference in section 42(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2 above and in respect of the remuneration of presiding officers and clerks, include a reference to the returning officer who under paragraph 1 above discharges those functions at the local government election.

    (3) In relation to elections the polls at which are taken together under article 14(1) or (2), the Secretary of State may under section 29(3) of the 1983 Act as applied and modified by article 19 include special provision for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2 above, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1 above.



PART II

MODIFICATIONS OF THE SCOTTISH PARLIAMENTARY ELECTION RULES TO APPLY WHERE THE POLL AT A SCOTTISH PARLIAMENTARY ELECTION IS TAKEN TOGETHER WITH A POLL AT A LOCAL GOVERNMENT ELECTION UNDER ARTICLE 14(1) OR (2)

Modifications of the Scottish Parliamentary Election Rules: general provision
     4. Where the poll at a Scottish parliamentary election is taken with the poll at a local government election under article 14(1) or (2), the Scottish Parliamentary Election Rules in Schedule 2 to this Order shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Rule 29 (colour of ballot papers)
     5. At the end of rule 29 there shall be added-

Rule 33 (notice of poll)
     6. At the end of rule 33 there shall be added-

Rule 37 (issue of official poll cards and notifications)
     7. At the end of rule 37 there shall be added-

Rule 38 (equipment of polling stations)
     8. After paragraph (1) of rule 38 there shall be added-

Rule 39 (appointment of polling and counting agents)
     9. At the end of paragraph (5) of rule 39 there shall be added-

Rule 44 (questions to be put to voters)
     10. In question (ii) in paragraph (1)(a) and (b) of rule 44 and in the second question of paragraph (2) of that rule before "election" there shall be inserted "Scottish parliamentary".

Rule 46 (voting procedure)
     11. At the end of rule 46 there shall be added-

Rule 47 (votes marked by presiding officer)
     12. At the end of rule 47 there shall be added-

Rule 48 (voting by persons with disabilities)
     13. At the end of rule 48 there shall be added-

Rule 49 (tendered ballot papers)
     14. At the end of rule 49 there shall be added-

Rule 51 (adjournment of poll in case of riot)
     15. In rule 51(1) for the words "constituency returning officer" there shall be substituted-

Rule 52 (procedure on close of poll)
     16. After rule 52(1) there shall be added-

Rule 53 (attendance at counting of votes)
     17.  - (1) For paragraph (1) of rule 53 there shall be substituted the following paragraphs:-

    (2) In rule 53(2), before "at the counting of the votes" there shall be inserted-

    (3) In rule 53(2), before "the counting of the votes" there shall be inserted-

    (4) in rule 53(3)(a) before "the efficient" there shall be inserted-

Rule 54 (the count)
     18. For rule 54(1) there shall be substituted-

Rule 68 (delivery of documents to the sheriff clerk)
     19. At the end of rule 68(1) there shall be added-

Rule 71 (countermand or abandonment of poll etc. on death of candidate)
     20.  - (1) At the end of paragraph (1) of rule 71 there shall be added-

    (2) For paragraph (2) of rule 71 there shall be substituted-

Form of directions for the guidance of the voters in voting in Schedule 5
     21. In the Appendix of Forms, for form P (giving information to voters, referred to in rule 38(12)), there shall be substituted form X set out in the Appendix.



PART III

MODIFICATIONS OF THE SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES 2002 TO APPLY WHERE THE POLL AT A LOCAL GOVERNMENT ELECTION IS TAKEN TOGETHER WITH A POLL AT A SCOTTISH PARLIAMENTARY ELECTION UNDER ARTICLE 14(1) OR (2)

Modifications of the local elections rules: general provision
     22.  - (1) Where the poll at a local government election is taken together with the poll at a Scottish parliamentary election under article 14(1) or (2), Schedule 2 to the Scottish Local Government Elections Rules 2002[
51] shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

    (2) In this Part the rules referred to in sub-paragraph (1) above are referred to as "the local elections rules".

Rule 1 of the local elections rules (timetable)
     23. In rule 1 of the local elections rules, in the entry relating to polling, for "8.00 am and 9.00 pm" there shall be substituted "7.00 am and 10.00 pm".

Rule 13 of the local elections rules (the ballot papers)
     24.  - (1) At the end of rule 13(2) of the local elections rules there shall be added-

    (2) At the end of rule 13 of the local election rules there shall be added-

Rule 17 of the local elections rules (notice of poll)
     25. At the end of rule 17 of the local elections rules there shall be added-

Rule 21 of the local elections rules (issue of official poll cards and notifications)
     26. At the end of rule 21 of the local elections rules there shall be added-

Rule 22 of the local elections rules (equipment of polling stations)
     27.  - (1) After paragraph (1) of rule 22 of the local elections rules there shall be added-

    (2) For rule 22(5) of the local elections rules there shall be substituted-




PART II

ELECTION OR RETURN OF REGIONAL MEMBER

Provision applied Modification
Section 120 (method of questioning parliamentary election)      At the end insert-{/d} {d2} {n2} (3) " No election petition may be brought on the grounds of the commission of corrupt or illegal practices or of illegal payments, employments or hirings.

    (4) No election petition may be brought in any case in which an application may be made under section 18 of the Scotland Act 1998".

Section 121 (presentation and service of parliamentary election petition) For subsection (2) substitute-

    " (2) If the petition complains of the conduct of-

    (a) the regional returning officer,

    (b) any constituency returning officer,

the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any regional member returned at the election.".

Section 122 (time for presentation or amendment of parliamentary election petition) For the section substitute-

"      122. An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 65 of the Scottish Parliamentary Election Rules in Schedule 2 to the Order."

Section 123 (constitution of election court and place of trial Omit subsections (3) and (4).
Section 125 (judges' expenses and reception: Scotland  
Section 126 (attendance of House of Commons of shorthand writer) In subsection (1) for the words from the beginning to "deputy" substitute "A shorthand writer".

In subsection (2) for "Speaker" substitute "Clerk of the Scottish Parliament".

Section 136 (security for costs)  
Section 137 (petition at issue)  
Section 139 (trial of election petition) In subsection (3) for the words from "the acceptance" to the end substitute "that one (or more) of the respondents is no longer a member of the Scottish Parliament.".

Omit subsection (4).

In subsection (6), the reference to the Parliamentary Election Rules shall be construed as a reference to the Scottish Parliamentary Election Rules in Schedule 2 to this Order.

Section 140 (witnesses) Omit subsection (6).
Section 141 (duty to answer relevant questions)  
Section 143 (expenses of witnesses)  
Section 144 (conclusion of trial of parliamentary election petition) In subsection (1) for the words from "the member" to "void" substitute-

    " (a) the member or members whose election is complained of, was or were duly elected,

    (b) some other person or persons should have been declared to be elected, or

    (c) the election of all members for that region was void.".

In subsection (2) for "Speaker" substitute "Clerk of the Scottish Parliament".

For subsection (3) substitute-

    " (3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, to the extent that there is such a difference, the result of the election shall stand.".

Omit subsections (4) to (7).

Section 154 (costs of petition)  
Section 155 (neglect or refusal to pay costs)  
Section 157 (appeals and jurisdiction), subsections (3) and (7)  
Section 160 (persons reported personally guilty of corrupt or illegal practices) Omit subsections (1) to (3) and (6).

In subsection (4)-

    (a) for the words "reported by an election court personally guilty" substitute "convicted";

    (b) after "Kingdom" insert "or election to the Scottish Parliament";

    (c) after "Kingdom" insert "or election to the Scottish Parliament"; and

    (d) after "Commons", in each place where it occurs, insert "or the Scottish Parliament".

Section 167 (application for relief) Omit subsection (5).
Section 168 (prosecutions for corrupt practices) In subsection (1)(b) for "6 months" substitute "3 months" and for "statutory maximum" substitute "amount specified as level 5 on the standard scale".
Section 169 (prosecutions for illegal practices) For the words from the beginning to "prosecution" substitute-

    " A person who is guilty of an illegal practice shall be liable-

    (a) in the case of an illegal practice under article 40 or 45 of the Order (as applied by article 81 of the Order), on conviction on indictment to a fine;

    (b) in the case of any illegal practice (including the ones mentioned in paragraph (a) above), on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale;

and on a prosecution".

Section 170 (conviction of illegal practice on charge of corrupt practice etc.)  
Section 173A (incapacity to hold public or judicial office in Scotland  
Section 174 (mitigation and remission etc.) Omit subsections (1) to (4).

In subsection (5) omit-

    (a) "or the report of an election court"; and

    (b) "or report", in both places where the words occur.

Section 175 (illegal payments) In subsection (2) omit the words from "and if" to the end.
Section 176 (time limit for prosecutions)  
Section 178 (prosecution of offences committed outside United Kingdom)  
Section 179 (offences by associations)  
Section 180 (evidence by certificate of holding of elections) Omit paragraph (b).

After paragraph (ii) insert "and (iii) that a registered party named in the certificate submitted a regional list at the election,".

Section 180A (evidence by certificate of electoral registration)  
Section 181 (Director of Public Prosecutions) Omit subsections (2) to (6).
Section 183 (costs)  
Section 184 (service of notices)  
Section 185 (interpretation of Part III) At the end, insert

    "the Order" means the Scottish Parliament (Elections etc.) Order 2002.".

Section 186 (computation of time for purposes of Part III) The reference to "section 119 above" shall be construed as a reference to article 80 and the reference to "Part II of this Act" shall be construed as reference to Part III of this Order.




SCHEDULE 7
Article 64(6)


USE FOR ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS


Use of rooms in school premises
     1.  - (1) Any arrangements for the use of a room in school premises shall be made with the education authority managing the school or, in the case of a room in the premises of a self governing school, with the board of management of the school.

    (2) Any question-

shall be determined by the Secretary of State.

Lists of rooms in school premises
     2.  - (1) It is the duty of the proper officer of every local authority to prepare and keep for each Scottish parliamentary constituency wholly or partly situated in the area of that authority-

which candidates for return as constituency members or individual candidates for return as regional members or registered parties are entitled to use.

    (2) The list shall include the rooms in premises outside, as well as those in premises inside, the constituency.

Inspection etc. of lists
     3.  - (1) Subject to sub-paragraph (2) below, in the event of a publication of a notice of election any person stating himself to be, or to be authorised by-

shall be entitled at all reasonable hours to inspect those lists or a copy of them.

    (2) The rights conferred by sub-paragraph (1) above on an individual candidate for return as a regional member or a registered party's nominating officer (or the election agent of such a candidate or party) shall not apply in relation to an election to fill a vacancy in the seat of a constituency member.



APPENDIX OF FORMS

ARRANGEMENT OF FORMS


    

FORM A Return of expenses requiring to be authorised by election agent in relation to the election of-

    a candidate for return as a constituency member;

an individual candidate for election as a regional member.

FORM B Declaration to accompany return of expenses in relation to-

    a candidate for return as a constituency member;

an individual candidate for election as a regional member.

FORM C Return as to expenses-

    Candidate for return as a constituency member;

Individual candidate for return as a regional member.

FORM D Form of declaration to be made by-

    an election agent for a candidate for return as a constituency member or for an individual candidate for return as a regional member; or

such a candidate; or

such a candidate who is his own election agent.

FORM E Declaration to be made by a candidate on a registered political party's list in respect of election expenses.
FORM F Constituency Nomination Paper: Election of a Member.
FORM G Individual Nomination Paper; Election of Individual Member.
FORM H Election of Regional List member.
FORM I Certification in relation to constituency nomination paper.
FORM J Form of Constituency Ballot Paper.
FORM K Form of Regional Ballot Paper.
FORM L Declaration of identity for a postal vote at a Scottish Parliament Election.
FORM M Official Poll Card.
FORM N Scottish Parliament Election: Proxy's Official Appointment.
FORM O Guidance for Voters.
FORM P Scottish Parliament Election: Information for Voters.
FORM Q Certificate of Employment.
FORM R Declaration by the companion of a voter with disabilities.
FORM S Certification by the constituency returning officer in respect of the election of a member of a Scottish Parliament constituency.
FORM T Certification by the regional returning officer in respect of the poll for members for a Scottish Parliament electoral region.
FORM U Declaration of identity for a postal vote at a Scottish Parliament election which is taken with a local government election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are taken together.
FORM V Declaration of identity for a postal vote at a Scottish Parliament election which is taken with a local government election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together.
FORM W Statement as to postal ballot papers.
FORM X Notice providing further information for voters at polling stations at a Scottish Parliament election which is taken with a local government election.
FORM Y Declaration of identity for a postal vote at a local government election which is taken with the Scottish Parliament election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together.



FORM A

Return of expenses requiring to be authorised by election agent in relation to the election of

Election in the constituency/region of




Date of publication of the election notice


Name of candidate


     1. The expenses incurred at the above election in support of the above candidate by
(name of person or association or body of persons incurring the expenses) being expenses required by article 39 of the Scottish Parliament (Elections etc.) Order 2002 to be authorised in writing by the election agent amounted to £


     2. That written authority is annexed to this return.

Signature
Date




FORM B

Declaration to accompany return of expenses in relation to the election of

Election in the constituency/region of




Date of publication of the election notice


I hereby declare that:

     1. I am the person (or in the case of an association or a body of persons [director] [general manager] [secretary] [or similar officer] of the association or body of persons) named as incurring expenses in the accompanying return, marked
, of expenses required by article 39 of the Scottish Parliament (Elections etc.) Order 2002 to be authorised in writing by the election agent.

     2. To the best of my knowledge and belief that return is complete and correct.

     3. The matters for which the expenses referred to in that return were incurred are as follows:













Signature
Date


Office Held (In the case of an association or body)




FORM C

Front of Form

Return as to election expenses:

Election in the constituency/region of




Date of publication of the election notice


Name of candidate


     1. I [am the election agent of the person named above as candidate at this election] [am the person named above as candidate at this election and was my own election agent].

     2. I hereby make the following return of the [candidate's] [my] election expenses at this election:

Income £ pp
Amount of money (if any) provided by the candidate to meet election expenses.    
Donations of more than £50    
  • Permissible donations received
  •    
  • Donations received from impermissible donors
  •    
  • Donations received from unidentifiable donors
  •    

    Attach details separately for donations received giving the following information:

    Permissible donations

    Name, address and status of donor (including company registration number if applicable/relevant statutory provision for public fund payment). Dates donation received and accepted. Cash amount/value and nature of donation.

    Donations from impermissible donors

    Name and address of donor. Date donation received and cash amount/value & nature of donation. Date and manner in which donation dealt with in accordance with s.56(2)(a) of the Political Parties, Elections and Referendums Act 2000.

    Donations from unidentified donors

    Date donation received. Manner in which donations was made. Cash amount/value & nature of donation. Date and manner in which donation dealt with in accordance with s.56(2)b) of the Political Parties, Elections and Referendums Act 2000.



    FORM C

    Back of Form

    Expenditure £ pp
    Candidate's personal expenses (Article 37(1))

        
  • Paid by him [by me as candidate]

  •    
  • Paid by me [by me acting as election agent]

  •    
    Received by me for my services as election agent (if appropriate)    
    Paid to individuals for services rendered (office/campaign staff, sub-agents, clerks, messengers etc.)    
    Paid for election offices and campaign costs

         1. Hire of rooms/accommodation used for campaign

         2. Office costs (use of computers, utilities etc.)

         3. Stationery costs

       
    Paid for public meetings

         1. Hire of rooms and facilities (loud speakers etc.)

         2. Paid to public speakers

       
    Paid for election materials to electors

         1. Design and printing costs

         2. Distribution costs (other than election addresses issued post free as provided for in Article 58)

       
    Paid for advertising and publicity

         1. Posters/banners/billboards

         2. Publicity materials (e.g. balloons, loud speakers, rosettes)

       
    Paid for communication costs (phone, fax, internet etc.)    
    Miscellaneous items    
    Expenses paid by candidate before agent is appointed (Article 37(2)) (Set out full details as an annex)    
    Declarations of value of items purchased other than for the candidate's election (Article 38). (set out full details as an annex)    
    Declaration of value of items of notional expenditure (Article 57) (set out full details as an annex)    
    Declaration of amount of expenses incurred before a person becomes a candidate (Article 55(5))    
    TOTAL    

    Disputed claims of which the agent is aware (Article 42)

    (set out separately the name and description of each person with the amount claimed by him)

       
    Unpaid claims of which the agent is aware (Article 44(3)(c))

    (sets out separately the name and description of each person and details of the court which allowed these claims)

       



    FORM D

    Form of declaration to be made by

    Election in the constituency/region of




    Date of publication of the notice of election


    Name of candidate


    I solemnly and sincerely declare as follows:

         1. [I am the person named above as candidate at this election [and was my own election agent]] or [I was at this election the election agent of the person named above as a candidate].

         2. I have examined the return of election expenses [about to be] [delivered] [by my election agent] [by me] to the returning officer, of which a copy is now shown to me and marked
    , and to the best of my knowledge and belief it is a complete and correct return as required by law.

         3. To the best of my knowledge and belief, all expenses shown in the return as paid were paid [by my election agent] [by me], except as otherwise stated.

         4. I understand that the law does not allow any election expenses not mentioned in this return to be defrayed except in pursuance of a court order.

    Signature
    Date




    FORM E

    Declaration to be made by a candidate on a registered political party's list in respect of election expenses.

    Election in the region of


    Date of publication of the notice of election


    Name of registered political party


    Names of candidate


    I solemnly and sincerely declare as follows:

         1. I am the person named above as candidate at this election.

         2. The total amount paid by me in relation to personal expenses incurred by me on account of, or in connection with, or incidental to this election, as per the provisions of article 37(1) of the Scottish Parliament (Elections etc.) Order 2002, was £


         3. I understand that the law does not allow any election expenses not mentioned in this return to be defrayed except in pursuance of a court order.

    Signature
    Date




    FORM F

    CONSTITUENCY NOMINATION PAPER

    ELECTION OF A MEMBER

    to serve in the Scottish Parliament


    Constituency

    Day of Election

    I the undersigned am hereby nominated as a candidate at the said election.

    Candidate's Surname Other Names in Full Description, if any (for ballot paper) Home address in full
              NOT TO EXCEED 6 WORDS IN LENGTH     

         1. The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in Schedule 2 to the Scottish Parliament (Elections etc.) Order 2002.

         2. Where a candidate is commonly known by some title he/she may be described by the title as if it were his/her surname.

    Signed by
    Candidate      Date


    Signature of witness


    Name of witness


    Address of witness







    FORM G

    INDIVIDUAL NOMINATION PAPER

    ELECTION OF INDIVIDUAL MEMBER

    to serve in the Scottish Parliament


    Region

    Day of Election

    The undersigned is hereby nominated as an individual candidate at the said election.

    Individual Candidate's Surname Other Names in Full Description, if any (for ballot paper) Home address in full
              NOT TO EXCEED 6 WORDS IN LENGTH     

         1. The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in Schedule 2 to the Scottish Parliament (Elections etc.) Order 2002.

         2. Where a candidate is commonly known by some title he/she may be described by the title as if it were his/her surname.

    Signed by
    Candidate      Date


    Signature of witness


    Name of witness


    Address of witness







    FORM H

    ELECTION OF REGIONAL LIST MEMBER

    to serve in the Scottish Parliament


    Region

    Day of Election

    (Name of Registered Political Party)


    The undersigned hereby nominates the above mentioned registered political party. The candidates for the party, and the order in which they are given are:

    Name by which party wishes to be known for purposes of the election Candidate's Surname Other Names in Full Names by which each candidate should be described on the regional ballot paper Home address in full
    NOT TO EXCEED 6 WORDS IN LENGTH 1.                    
      2.                    
      3.                    
      4.                    
      5.                    
      6.                    
      7.                    
      8.                    
      9.                    
      10.                    
      11.                    
      12.                    

    Signed by


    (nominating officer or person authorised in writing by him/her)

    Date


    The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in Schedule 2 to the Scottish Parliament (Elections etc.) Order 2002.

    Where a candidate is commonly known by some title he/she may be described by the title as if it were his/her surname.



    FORM I

    Certification in relation to constituency nomination paper

    In accordance with the Scottish Parliament (Elections etc.) Order 2002, I do hereby certify that the


    (name of candidate)

    may include the following description in his/her constituency nomination paper




















    (description) NOT TO EXCEED 6 WORDS IN LENGTH

    for the election in the
    constituency on [date of poll]

    Signed by
    (Party's Nominating Officer)

    Date:




    FORM J

    Front of Form of Constituency Ballot Paper

    Counterfoil No

    The counterfoil is to have a number corresponding with that on the back of the ballot paper

    Scottish Parliament Constituency

    (Name of Constituency)

    VOTE FOR ONE CANDIDATE ONLY

     
      CRANSTON

    Helen

    912 Main Street, Anytown

    [Emblem]

    Beech Party

     
      KUMAR

    Kuldip

    23 High Street, Anytown

    [Emblem]

    Oak Party

     
      MACDONALD

    Donald Alexander

    4 Elgin Ave, Anytown

    [Emblem]

    Willow Party

     
      MASTERS

    Susan Caroline

    93 Holyrood Road, Anytown

    [Emblem]

    Rowan Party

     
      MCKAY

    Christine Angela

    45 Hill Place, Anytown

    [Emblem]

    Independent

     
      WALLACE

    Walter Alan

    112 South Street, Anytown

    [Emblem]

    Elm Party

     

    Back of Form of Constituency Ballot Paper

    No:

    Election for the      Constituency on      20

    Note: The number on the ballot paper is to correspond with that on the counterfoil

    Directions as to the printing of the constituency ballot paper
         1. Nothing is to be printed on the ballot paper except in accordance with these directions.

         2. So far as is practicable, the following arrangements shall be observed in the printing of the ballot paper:

         3. The words "vote for one candidate only" shall be printed in large capitals.

         4. Where an emblem is to be printed against a candidate's particulars-

         5. The surname of each candidate shall in all cases be printed by itself in large capitals, and his/her full particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used:

         6. The number on the back of the ballot paper shall be printed in small characters.



    FORM K

    Front of Form of Regional Ballot Paper

    Scottish Parliament Region: (Name)

    MARK YOUR X IN A BOX

    ROWAN PARTY

    [Emblem]

    (Ann Archer, Donald Smith, Gordon Grant, John Wallace, Brian Scott, Eric Pender, Ali Abrahim, Melanie Scott, Colin Brown, Frances Smart)

     
    OAK PARTY

    [Emblem]

    (Philip Louden, Stuart Grantham, Sandy White, Heather Jackson, Anita Brown, Ben Nicol, Robert Wallace)

     
    WILLOW PARTY

    [Emblem]

    (John McGregor, Ellen Jackson, William Sommerville, James McWilliam, Scott Fowler, Anita Patel, Helen McKenzie, Linda Johnston, Andrew Cunningham, Sharon McEwan, Robert Simons, Peter Robertson)

     
    BEECH PARTY

    [Emblem]

    (Paul Williams, Neil Firman, Frank Selkirk, Steven Scott, Roy Rown, Emma Sinclair, Robert Dunbar, Fiona Fawcet, Hugh McWilliams, George Ross, Joanne Dorran, June Lerette)

     
    ELM PARTY

    [Emblem]

    (Callum McMaster, Lionel O'Connell, Saeed Khan, Phillip Knox, Jack Sword, Liam Johnstone, George Wilkie, Gordon Marr, Lynsey Lines, Sonia Wilson, Ian Johnston, Edward Main)

     
    BARLEY

    Robert Anthony

    Independent

     
    MACLEOD

    Andrew

    Independent

     

    Back of Form of Regional Ballot Paper

    No:

    Election for the      Region on      20

    Note: The number on the ballot paper is to correspond with that on the counterfoil

    Directions as to the printing of the regional ballot paper
         1. Nothing shall be printed on the ballot paper except in accordance with these directions.

         2. So far as is practicable, the following arrangements shall be observed in the printing of the ballot paper:

         3. Where an emblem is to be printed against a registered vertical party's particulars-

         4. The surname of each individual candidate shall in all cases be printed by itself in large capitals, and his/her particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used:

         5. The number on the back of the ballot paper shall be printed in small characters.



    FORM L

    DECLARATION OF IDENTITY FOR A POSTAL VOTE AT A SCOTTISH PARLIAMENT ELECTION

    (FRONT OF FORM)

    You must fill in this form and send it back with the ballot papers if you want your vote to be counted.

    The VOTER MUST SIGN Part 1

    And

    The WITNESS MUST SIGN Part 2

    Part 1

    I am the person to whom the (insert colours of paper) ballot papers numbered
    were sent

    Signature of Voter:


    Part 2

    The Voter, whom I know, signed this form in front of me.

    Signature of Witness:


    Address of Witness:





    (Please write your address very clearly.)


    More important information is on the back of this form

    (Back of Form)

    If you are voting then please read this

    IMPORTANT INFORMATION


         1. You (the Voter) must sign this form in front of someone who knows you. Sign in Part 1.

         2. This person (the Witness) must also sign the form and write their address in Part 2. If you do not have your signature witnessed, your declaration will not be valid and your vote cannot be counted.

         3. You have 2 ballot papers.

         4. You can vote only once on each ballot paper. Don't put any other pencil or pen marks on the ballot paper. If you do, your vote might not be counted.

         5. On the ballot papers (the ones with the names on them), PUT A CROSS (X) IN THE BOX opposite the name of the candidate you're voting for. Mark your crosses in secret. If you need help from someone to mark the crosses they must not tell anyone who you've voted for.

         6. Put the ballot papers in the small envelope marked "A" and seal it. Then put this envelope together with the declaration of identity, in the larger envelope marked "B". Post the envelope back quickly. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of poll.

         7. If you get more than one (of each) ballot paper, by accident, then use just one of each. Please remember that it is illegal to vote more than once in the same election (unless you are voting for someone else - by proxy).

         8. Remember, you cannot vote in person at the polling station even if you have an official poll card in your name. If you are voting you must use the ballot papers sent to you. Your postal vote can be handed into any polling station in the constituency on polling day before the poll closes.

         9. If you make a mistake on the ballot paper you can ask the Returning Officer for another one. You will need to return everything you have received in your own envelope. You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

    [10. If you need further help, please ring (insert telephone number).]



    FORM M

    OFFICIAL POLL CARD

    Polling Day:

    If undelivered return to Returning Officer

    Number on register Region

        

      Constituency

        

    Name

    Address

    Your Polling Place will be:

        

      Polling Hours 7.00 am to 10.00 pm

    SCOTTISH PARLIAMENT ELECTIONS

    This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.

    When you go to the polling station, tell the clerk your number on the register, your name and address, as shown on the front of the card. The presiding officer will give you your ballot papers; see that they are stamped with the official mark on them, before they are given to you.

    Go to one of the compartments. You may vote only once on each ballot paper. Do not vote more than once. Mark your choice with a cross (X). Put no other mark on the ballot paper, or your vote may not be counted.

    Fold each ballot paper. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box that is marked in the same colour as the ballot paper and leave the polling station.

    If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

    If you have appointed a proxy to vote in person for you, you may nevertheless vote at the election if you do so before your proxy has voted on your behalf.

    If you have been granted a postal vote, you will not be entitled to vote in person at the election, so please ignore this poll card.

    ISSUED BY THE RETURNING OFFICER

    [If you need further help, please ring (insert telephone number).]



    FORM N

    Name of proxy

    Address

    Postcode

    SCOTTISH PARLIAMENT ELECTION

    PROXY'S OFFICIAL APPOINTMENT

    The elector named below, whose proxy you are, is entitled to vote at the polling station:- (address of polling station)

    Polling hours are 7.00 am to 10.00 pm

    To vote as proxy you must go to the named polling station. Tell the clerk that you wish to vote as proxy; give the number on the register, name and qualifying address of the elector, as follows:-

    Number on register:

    Name:

    Address:

    The presiding officer will give you the elector's ballot papers. The method of voting as proxy is the same as for casting your own vote. It is an offence to vote as proxy for some other person if you know that that person is subject to a legal incapacity to vote e.g. if that person has been convicted and is detained in a penal institution. It is also an offence to vote for more than 2 persons of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild in any one constituency. The person who appointed you as their proxy may vote in person at this election if able and wishes to do so, if he/she votes before you vote as proxy.

    ISSUED BY THE RETURNING OFFICER



    FORM O

    GUIDANCE FOR VOTERS

         1. When you are given ballot papers make sure they are stamped with the official mark.

         2. Go to one of the compartments. You may vote only once on each ballot paper.

         3. Mark your choice with a cross (X). Put no other mark on each ballot paper, or your vote may not be counted.

         4. Fold each ballot paper. Show the official mark to the presiding officer, but do not let anyone see how you have voted. Put each ballot paper in the ballot box marked in the same colour and leave the polling station.

         5. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.



    FORM P

    Notice providing further information for voters at polling stations at a Scottish Parliament election other than an election for a constituency member only.

    SCOTTISH PARLIAMENT ELECTION

    INFORMATION FOR VOTERS

    There are two ballot papers

    Constituency Ballot Paper

    You have one vote on this paper. You should place an X in one box only.

    Do not make any other mark.

    Votes cast in this poll will decide the election of a member to represent this constituency in the Scottish Parliament.

    (The form of a constituency ballot paper to be illustrated)

    Regional Ballot Paper

    You have one vote on this paper. You should place an X in one box only.

    Do not make any other mark.

    Votes cast in this poll will decide the allocation of 7 additional seats in the Scottish Parliament for this region. You may use this vote (either)* for a political party putting forward a list of candidates (or for an individual candidate not standing on a party list)*

    (*may be deleted where no individual candidates are standing for election as regional members)

    (The form of a regional ballot paper to be illustrated.)

    Directions as to printing

    This notice may be printed and laid out in any such format as clearly presents the information in it.



    FORM Q

    CERTIFICATE OF EMPLOYMENT

    THE SCOTTISH PARLIAMENT

    ELECTION IN THE



    CONSTITUENCY

    I certify that (name)
    who is numbered
    in the register of electors for the constituency named above, cannot reasonably be expected to go in person to the polling station allotted to him or her at the election on (date of poll)
    by reason of the particular circumstances of his or her employment on that date for a purpose connected with the election.

    * Delete whichever is inapplicable *(a) as a constable

    *(b) by me

    Signature:


    *Police Officer (inspector or above)/Returning Officer

    Date:



    Note:- The person named above is entitled to vote at any polling station in the above constituency on production and surrender of this certificate to the presiding officer.



    FORM R

    SCOTTISH PARLIAMENT



    [NAME] Constituency Election Day [      ]

    Polling Station No: [      ]


    Declaration by the companion of a voter with disabilities

    I (name of companion)

    of (address of companion)

    Postcode


    have been asked to help

    (name of elector) (elector's number)

    to vote at this election.

    I am an elector who is entitled to vote at this election

    [or] I am the (state relationship - see * below)

    of the elector and I am over 18 years old.

    I have not helped any other elector with disabilities to vote at this election

    Except (name of the other elector) (address of the other elector)

    Postcode


    Signature of companion      (date)

    Presiding Officer's counter-signature

    I am the Presiding Officer for this Polling Station. This declaration was read

    to the companion and was signed by them in front of me.

    Signature of Presiding Officer      (date and time)

    * write in either father, mother, brother, sister, husband, wife, son or daughter.

    NOTE: It is an offence for the companion to make a false statement in this declaration.

    This declaration should be retained by the Presiding Officer and sealed in PACKET No.(    ) at the close of poll

    A voter with disabilities is a voter who has made a declaration under the Scottish Parliament (Elections etc.) Order 2002 that he is so incapacitated by his blindness, or other incapacity, or by his inability to read as to be unable to vote without assistance.



    FORM S

    Certification by the constituency returning officer in respect of the election of a member for a Scottish Parliament Constituency

    I certify that the Member elected to the Scottish Parliament for the
    Constituency at the election on [date of poll] is:


    (name of member)


    (description if applicable,

    or name of registered political party)

    Address of Member:













    (Signed)


    Constituency Returning Officer

    Date:




    FORM T

    Certification by the regional returning officer in respect of the poll for members for a Scottish Parliament electoral region

    I hereby certify that the persons elected to the Scottish Parliament to serve as Members for the
    Region at the election held on [date of poll] are:

         1.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








         2.
    (name of member)


    (description, if applicable, or) name of registered political party).

    Address of Member:








         3.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








         4.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








         5.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








         6.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








         7.
    (name of member)


    (description, if applicable, or name of registered political party).

    Address of Member:








    (Signed)


    Regional Returning Officer

    Date:




    FORM U

    DECLARATION OF IDENTITY FOR A POSTAL VOTE AT SCOTTISH PARLIAMENT ELECTION which is taken with a Local Government election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are taken together

    You must fill in this form and send it back with the ballot paper if you want your vote to be counted.

    The VOTER MUST SIGN Part 1

    and

    The WITNESS MUST SIGN Part 2

    Part 1

    I am the person to whom the Scottish Parliament Election (insert colours of paper) ballot papers numbered
    and local government election ballot paper number
    were sent

    Signature of Voter:


    Part 2

    The Voter, whom I know, signed this form in front of me.

    Signature of Witness:


    Address of Witness:





    (Please write your address very clearly.)


    More important information is on the back of this form

    (Back of Form)

    If you are voting then please read this

    IMPORTANT INFORMATION


         1. You (the Voter) must sign this form in front of someone who knows you. Sign in Part 1.

         2. This person (the Witness) must also sign the form and write their address in Part 2. If you do not have your signature witnessed, your declaration will not be valid and your vote cannot be counted.

         3. You have 3 ballot papers.

         4. You can only vote once on each ballot paper. Don't put any other pencil or pen marks on the ballot paper. If you do, your vote might not be counted.

         5. On the ballot papers (the ones with the names on them), PUT A CROSS (X) IN THE BOX opposite the name of the candidate or list you're voting for. Mark your cross in secret. If you need help from someone to mark the crosses they must not tell anyone who you've voted for.

         6. Put the ballot papers in the envelope marked A and seal it. Then put this envelope together with the declaration of identity in the larger envelope marked B and seal it. Post the envelope back quickly. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of poll.

         7. If you get more than one ballot paper of the same colour, by accident, then just use one. Please remember that it is illegal to vote more than once in the same election (unless you are voting for someone else - by proxy).

         8. Remember, you cannot vote in person at the polling station even if you have an official poll card in your name. If you are voting you must use the ballot papers sent to you. Your postal vote can be handed into any polling station in the constituency on polling day before the poll closes.

         9. If you make a mistake on the ballot paper you can ask the Returning Officer for another one. You will need to return everything you have received in your own envelope. You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

    [10. If you need further help, please ring (insert telephone number).]



    FORM V

    DECLARATION OF IDENTITY FOR A POSTAL VOTE AT SCOTTISH PARLIAMENT ELECTION which is taken with a Local Government election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together

    You must fill in this form and send it back with the ballot paper if you want your vote to be counted.

    The VOTER MUST SIGN Part 1

    And

    The WITNESS MUST SIGN Part 2

    Part 1

    I am the person to whom the (insert colours of paper) ballot papers numbered
    and
    were sent

    Signature of Voter:


    Part 2

    The Voter, whom I know, signed this form in front of me.

    Signature of Witness:


    Address of Witness:





    (Please write your address very clearly.)


    More important information is on the back of this form

    (Back of Form)

    If you are voting then please read this

    IMPORTANT INFORMATION


         1. This declaration of identity relates to the ballot papers for the Scottish Parliament election only.

         2. At this election, the postal vote for the local government poll is being taken separately. You will receive your local government papers and instructions separately.

         3. You (the Voter) must sign this form in front of someone who knows you. Sign in Part 1. You must do this even if you have already signed a similar form for another election held on the same day.

         4. This person (the Witness) must also sign the form and write their address in Part 2. If you do not have your signature witnessed, your declaration will not be valid and your vote cannot be counted.

         5. You have 2 ballot papers.

         6. You can vote only once on each ballot paper. Don't put any other pencil or pen marks on the ballot paper. If you do, your vote might not be counted.

         7. On the ballot papers (the ones with the names on them), PUT A CROSS (X) IN THE BOX opposite the name of the candidate or list you're voting for. Mark your cross in secret. If you need help from someone to mark the cross they must not tell anyone who you've voted for.

         8. Put the ballot papers in the envelope marked A and seal it. Then put this envelope together with the declaration of identity in the larger envelope marked B and seal it. Post the envelope back quickly. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of poll.

         9. If you get more than one ballot paper of the same colour, by accident, then just use one. Please remember that it is illegal to vote more than once in the same election (unless you are voting for someone else - by proxy).

         10. Remember, you cannot vote in person at the polling station even if you have an official poll card in your name. If you are voting you must use the ballot papers sent to you. Your postal vote can be handed into any polling station in the constituency on polling day before the poll closes.

         11. If you make a mistake on the ballot paper you can ask the Returning Officer for another one. You will need to return everything you have received in your own envelope. You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

    [12. If you need further help, please ring (insert telephone number).]



    FORM W

    STATEMENT AS TO POSTAL BALLOT PAPERS

    Constituency/Region
    Date of poll:
    20


    A. ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS C. Number constituency D. Number region
         1. Total number of postal ballot papers issued (including papers issued under paragraph 13(3) of Schedule 4).

             
         2. Number of postal ballot papers issued under paragraph 13(3) of Schedule 4).

             
         3. Number of ballot papers returned as part of sets of documents under paragraph 13(1) of Schedule 4 too late for another ballot paper to be issued.

             
         4. Number of covering envelopes received by the Returning Officer before the close of the poll (excluding any returned either as undelivered or under paragraph 13(1) of Schedule 4).

             
         5. Number of covering envelopes received by the Returning Officer after the close of the poll, excluding any returned as undelivered.

             
         6. Number of covering envelopes returned as undelivered up to the date of this statement.

             
         7. Number of covering envelopes which have not been received by the Returning Officer at the date of this statement.

             

    B. COUNT OF BALLOT PAPERS C. Number constituency D. Number region
         1. Number of covering envelopes received by the Returning Officer before the close of the poll (excluding any returned either as undelivered or under paragraph 13(1) of Schedule 4).

             
         2. Number of cases in which the covering envelope or its contents were marked "rejected".

             
         3. Number of ballot papers returned by postal voters which were Included in the count of ballot papers.

             

    Date:
    Signed:


    Constituency Returning Officer

    Address:








    N O T E S
         1. In boxes A and B the figure entered against the first item in columns C and D should equal the sum of the figures entered against the remaining items in the same column in each box.

         2. At the same time as this statement is sent to the Sheriff Clerk a copy must be sent to the Electoral Commission.

         3. Column C relates to the postal ballot papers issued for the election for return of a constituency member in the above-mentioned constituency.

         4. Column D relates to the postal ballot papers issued for the election for return of a regional member in the above-mentioned constituency.

         5. The ballot papers have been issued in a single covering envelope. The same number should be entered at the appropriate points in both columns C and D.



    FORM X

    Notice providing further information for voters at polling stations at a Scottish Parliament election which is taken with a local government election.

    INFORMATION FOR VOTERS

    There are three ballot papers

    SCOTTISH PARLIAMENT

    Constituency Ballot Paper

    You have one vote on this paper. You should place an X in one box only. Do not make any other mark.

    Votes cast in this poll will decide the election of a member to represent this constituency in the Scottish Parliament.

    (The form of a constituency ballot paper to be illustrated)

    Regional Ballot Paper

    You have one vote on this paper. You should place an X in one box only.

    Do not make any other mark.

    Votes cast in this poll will decide the allocation of 7 additional seats in the Scottish Parliament for this region. You may use this vote (either)* for a political party putting forward a list of candidates (or for an individual candidate not standing on a party list)*.

    (*may be deleted where no individual candidates are standing for election as regional members)

    (The form of a regional ballot paper to be illustrated)

    LOCAL GOVERNMENT

    You have one vote on this paper. You should place an X in one box only. Do not make any other mark.

    Votes cast in this poll will decide the election of a local councillor to represent this ward.

    (The form of a local government election ballot paper to be illustrated)

    Directions as to printing

    This notice may be printed and laid out in any such format which clearly presents the information in it.



    FORM Y

    DECLARATION OF IDENTITY FOR A POSTAL VOTE AT LOCAL GOVERNMENT ELECTION which is taken with the Scottish Parliament election and where the proceedings on the issue and receipt of postal ballot papers in respect of each election are not taken together

    FRONT OF FORM

    You must fill in this form and send it back with the ballot paper if you want your vote to be counted.

    The VOTER MUST SIGN Part 1

    And

    The WITNESS MUST SIGN Part 2

    Part 1

    I am the person to whom the (insert colour of ballot paper) ballot paper numbered
    was sent

    Signature of Voter:


    Part 2

    The Voter, whom I know, signed this form in front of me.

    Signature of Witness:


    Address of Witness:





    (Please write your address very clearly.)


    More important information is on the back of this form

    (Back of Form)

    If you are voting then please read this

    IMPORTANT INFORMATION


         1. This declaration of identity relates to the ballot papers for the local government election only.

         2. At this election, the postal vote for the Scottish Parliament poll is being taken separately. You will receive your Scottish Parliament papers and instructions separately.

         3. You (the Voter) must sign this form in front of someone who knows you. Sign in Part 1. You must do this even if you have already signed a similar form for another election being held on the same day.

         4. This person (the Witness) must also sign the form and write their address in Part 2. If you do not have your signature witnessed, your declaration will not be valid and your vote cannot be counted.

         5. You can vote for only ONE candidate. Don't put any other pencil or pen marks on the ballot paper. If you do, your vote might not be counted.

         6. On the ballot paper (the one with the names on it), PUT A CROSS (X) IN THE BOX opposite the name of the candidate you're voting for. Mark your cross in secret. If you need help from someone to mark the cross they must not tell anyone who you've voted for.

         7. Put the ballot papers in the envelope marked A and seal it. Then put this envelope together with the declaration of identity in the larger envelope marked B and seal it. Post the envelope back quickly. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of poll.

         8. If you get more than one ballot paper, by accident, then just use one. Please remember that it is illegal to vote more than once in the same election (unless you are voting for someone else - by proxy).

         9. Remember, you cannot vote in person at the polling station even if you have an official poll card in your name. If you are voting you must use the ballot paper sent to you. Your postal vote can be handed into any polling station in the local authority area on polling day before the poll closes.

         10. If you make a mistake on the ballot paper you can ask the Returning Officer for another one. You will need to return everything you have received in your own envelope. You should do this straightaway as there is not much time for a new ballot paper to be sent to you, returned and counted.

    [11. If you need further help, please ring (insert telephone number).]



    EXPLANATORY NOTE

    (This note is not part of the Order)


    This Order sets out afresh the provisions as to the conduct of elections for, and the return of members to, the Scottish Parliament, established by the Scotland Act 1998. The Order consolidates, with amendments, the provisions of the Scottish Parliament (Elections etc.) Order 1999 ("the 1999 Order") and the amendments made to that Order by the Scottish Parliament (Elections etc.) (Amendment) Order 2001 and the Scottish Parliament (Elections etc.) (Amendment) (No. 2) and (No. 3) Orders 2001. All of these Orders are revoked by this Order, apart from some minor and consequential, technical amendments made by Schedule 8 to the 1999 Order to primary and subordinate legislation.

    The main changes to the 1999 Order reflect the introduction by the Representation of the People Act 2000 of a new system of "rolling registration". Under this system the register of local government electors continues in force indefinitely. Eligibility to vote at elections for membership of the Scottish Parliament depends on registration in the register of local government electors. The changes from the 1999 Order concern, principally, absent voting, voting by proxy, and the issue and receipt of postal ballot papers.

    Other changes to the 1999 Order are required as a consequence of the establishment of the electoral commission and the new provisions about the registration of political parties and election campaigns and election expenses made by the Political Parties, Elections and Referendums Act 2000.

    Other, more minor, changes are required as a result of the Postal Services Act 2000, the Representation of the People (Scotland) Regulations 2001 and the Representation of the People (Scotland) (Amendment) Regulations 2002.

    The Electoral Commission has been consulted on the draft of this Order, as required by section 7 of the Political Parties, Elections and Referendums Act 2000.

    Part I of the Order (articles 1, 2 and 3) contains general provisions concerning the commencement citation and interpretation of the Order, and revocation of earlier Orders. The Order will not apply to any elections where the last date for the publication of the notice of that election precedes the date when the Order comes into force.

    Part II of the Order (articles 4 to 30) makes provision about the franchise for the Scottish Parliament and the exercise of that franchise.

    Part III of the Order (articles 31 to 80) deals with election campaigns and election expenses at Scottish Parliamentary elections.

    Part IV of the Order (article 81) along with Schedule 6, makes provision for legal proceedings.

    Part V of the Order (articles 82 to 92) makes miscellaneous and supplementary provision. In particular article 85 provides that the minimum period of dissolution of the Scottish Parliament under section 2(3) of the Scotland Act 1998, will be 21 days, computed in accordance with rule 2 of the Rules set out in Schedule 2 to the Order. This reduces the "minimum period" provided in the 1999 Order by 4 days.

    Schedule 1 makes fresh provision about the free supply and the sale of the register of local government electors to MSPs, their election agents and to candidates standing for election to the Scottish Parliament and also the election agents of registered political parties in respect of list MSP candidates. The provision made in respect of MSPs and candidates for election to the Scottish Parliament is similar to that made in respect of MPs and councillors by the Representation of the People (Scotland) (Amendment) Regulations 2002 and elections to the UK Parliament and Scottish local councils.

    Schedule 2 contains the Scottish Parliamentary Election Rules. They are substantially in the same form as the earlier Rules set out in Schedule 2 to the 1999 Order.

    Schedule 3 contains provision about absent voting. This incorporates changes comparable to those made by the Representation of the People Act 2000 for elections to the UK Parliament.

    Schedule 4 makes provision about the issue and receipt of postal ballot papers. This contains provision comparable to that made by the Representation of the People Act 2000 in respect of elections to the UK Parliament.

    Schedule 5 makes provision for the combination of polls. In particular it deals with the combination of the poll at a further Scottish parliamentary election with the poll at a Scottish local government election. As a result of the Scottish Local Government (Elections) Act 2002, the ordinary election of councillors is to be synchronised with the ordinary general election for membership of the Scottish Parliament. Part II of Schedule 5 modifies the Scottish Parliamentary Election Rules set out in Schedule 2 to this Order, and Part III modifies the Scottish Local Government Elections Rules set out in Schedule 2 to the Scottish Local Government Elections Rules 2002.

    Schedule 6 applies, with modifications, provisions of the Representation of the People Act 1983 concerning legal proceedings, for the purposes of Scottish Parliamentary Elections.

    Schedule 7 provides for the use of rooms in school premises and meeting rooms for election meetings.

    The Appendix sets out forms for use at Scottish Parliamentary elections.


    Notes:

    [1] 1998 c.46. Section 12 was amended by the Political Parties, Elections and Referendums Act 2000 (c.41) ("the 2000 Political Parties Act"), Schedule 21, para 13.back

    [2] As required by section 7 of the 2000 Political Parties Act.back

    [3] S.I. 1999/787.back

    [4] S.I. 2001/1399.back

    [5] S.I. 2001/1748.back

    [6] S.I. 2001/1750.back

    [7] 1983 c.2.back

    [8] 1985 c.50.back

    [9] S.I. 1986/111.back

    [10] 2000 c.2.back

    [11] 2000 c.41.back

    [12] S.I. 2001/497back

    [13] 1994 c.39back

    [14] Sections 13A and 13B were added by the 2000 Act, Schedule 1, paragraph 6.back

    [15] Section 56 is applied to Scotland by section 57 of the 1983 Act.back

    [16] Section 18(3) was amended by the Local Government etc. (Scotland) Act 1994 (c.39), section 142 of Schedule 13, paragraph 130.back

    [17] Section 7 was substituted by the 2000 Act, section 4.back

    [18] Section 7A was inserted by the 2000 Act, section 5.back

    [19] Section 59 was amended by the 2000 Act, Schedule 1, paragraph 16.back

    [20] Section 29 is amended by the 2000 Political Parties Act, Schedule 21, para 6(3): the amendments are not yet in force.back

    [21] Section 13 was substituted by the 2000 Act, Schedule 1, paragraph 6.back

    [22] Section 4 was substituted by the 2000 Act, section 1(2).back

    [23] By Schedule 6 to this Order.back

    [24] 1990 c.42.back

    [25] 1996 c.55.back

    [26] Schedule 2A was added to the 1983 Act by the 2000 Political Parties Act, Schedule 16.back

    [27] 2000 c.26.back

    [28] 1990 c.42.back

    [29] By Schedule 6 to this Order.back

    [30] 1990 c.42.back

    [31] 1996 c.55.back

    [32] 1980 c.44.back

    [33] By Schedule 6 to this Order.back

    [34] 1971 c.80.back

    [35] Section 10 was modified by S.I. 1999/787, article 88.back

    [36] S.I. 1984/467.back

    [37] 1988 c.41.back

    [38] S.I. 1994/1443 as modified by S.I. 1999/787, Schedule 8, paragraph 3.back

    [39] S.I. 2001/497; regulation 93 was inserted by S.I. 2002/1872, article 14.back

    [40] 1981 c.34.back

    [41] 1980 c.44.back

    [42] Section 16(d) was amended by the 2000 Act, Schedule 1, paragraph 9(c).back

    [43] Section 7B was inserted by the 2000 Act, section 6.back

    [44] 1997 c.24.back

    [45] 1968 c.49.back

    [46] 1992 c.4.back

    [47] Schedule 2 to this Order.back

    [48] The current rules are the Scottish Local Government Elections Rules 2002 (S.S.I. 2002/457).back

    [49] S.I. 2001/497 as amended by S.I. 2002/1872, regulations 11, 12 and 13.back

    [50] Section 29 was amended by the 2000 Political Parties Act, Schedule 21, para 6(3).back

    [51] S.S.I. .2002/457.back



    ISBN 0 11 061714 2


      Prepared 20 November 2002


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